ENgland the better part of the best Iland in the whole World antiently with Scotland, Name. called Britain, and sometimes Albion; was a­bout 800 years after the Incar­nation of Christ (by special E­dict of King Egbert descend­ed from the Angles a people of the Lower Saxony) named An­gle or Englelond, thence by the French called Angleterre, by the Germans Engeland, and by the Inhabitants England.

[Page 2] It is situated between the Degrees 16 and 21 Longi­tude, Climat. equal with Normandy and Britany in France, and be­tween 50 and 57 Northern La­titude, equal with Flanders, Zeland, Holland, Lower Saxo­ny, and Denmark.

The longest day in the most Northern part is 16 hours 44 minutes, and the shortest 7 hours 16 minutes.

It is in length 386 miles,Dimensi­ons. in breadth 279, in compass (by rea­son of the many Bayes and Pro­montories) about 1300 miles; in shape triangular, contains by computation about 30 Millions of Acres, about the thousandth part of the Globe, and 333d part of the habitable earth, almost [Page 3] ten times as big as the United Neatherlands, five times as big as the Spanish Neatherlands; less than all Italy by almost one half, and in comparison of France is as 30 to 82.

The Aire is far more mild and temperate (if not more healthy) than any part of the Continent under the same Cli­mat. Aire.

By reason of the warm va­pours of the Sea on every side, and the very often Winds from the huge Western Sea, the Cold in Winter is less sharp than in some parts of France and Italy, though more Sou­thern.

By reason of the continual blasts from Sea, the Heat in Summer is less scorching than [Page 4] in some parts of the Conti­nent, that lies more Northern.

As in Summer the gentle Winds and frequent Showres qualifie all violent Heats and Droughts, so in Winter the Frosts do only meliorate the cultivated Soyle, and the Snow keep warm the tender Plants.

It is blessed with a very fer­tile wholsome Soyle, Soyle. watered abundantly with Springs and Streams, and in divers parts with great Navigable Rivers; few barren Mountains or craggy Rocks, but generally gentle pleasant Hills and fruitful Val­leys apt for Grain, Corn, or Wood. The excellency of the English Soyle may be learnt (as Varro advised of old) from the Complection of the Inhabitants▪ [Page 5] who therein excell all other Nations: or else from the high value put upon it by the Ro­mans and the Saxons, who [...]ookt upon it as such a precious [...]pot of ground, that they thought it worthy to be fenced [...]n like a Garden Plot with a mighty Wall of fourscore miles [...]n length, viz. from Tinmo [...]th on the German Sea▪ to Solwey Frith on the Irish Sea (whereby the Caledonian Bores might be excluded) and with a monstrous Dike of fourscore and ten miles, viz. from the Mouth of the River Wy to that of the River Dee (whereby the Cambrobritan Foxes might be kept out; last­ly,) the excellency of her Soyle may also be learnt from those transcendent Elogies bestowed on her by Antient and Modern [Page 6] Writers, calling England the Granary of the Western World, the Seat of Ceres, &c. That her Valleys are like Eden, her Hills like Lebanon, her Springs as Pisgah, and her Rivers as Jordan. That she is a Para­dise of Pleasure, and the Gar­den of God. O fortunata & omnibus terris beatior Britannia, te omnibus coeli ac soli ditavit Natura, tibi nihil inest quod vitae offendat, tibi nihil deest quod vita desiderat; ita ut alter orbis extra orbem poni ad delicias humani generis videaris. O happy and blessed Britanie, a­bove all other Countries in the World, Nature hath enricht thee with all the blessings of Heaven and Earth. Nothing in thee is hurtful to Mankind, nothing wanting in thee that is [Page 7] desirable, in so much that thou seemest another World placed besides, or without the great World, meerly for the delight and pleasure of Mankind.

As it is divided from the rest of the World,Com [...]o­dities. so by reason of its great abundance of all things necessary for the life of Man, it may without the con­tribution of any other part of the World, more easily subsist than any of its Neighbouring Countries.

First, for Food, what plenty every where of Sheep, Oxen, Swine, Fallow Deer, and Coneys, what plenty of Hens, Ducks, Geese, Turkeys, Swans, Pea­cocks, [Page 8] Phesants, Partridges, Woodcocks, Snipes, Plovers, Quailes, Herons, Bustards, Heath Cocks, or Grouse Thrushes, or Throstles, Black-birds, Vel­devers, Nightingales, Pigeons, and Larks. What plenty of Salmon, Trouts, Carps, Tench, Lampreys, Pikes, Perches, Eeles, Crevish, Flounders, Plaice, Shads, Mullets. What great abundance of Herrings, Pilchards, Oysters, Lobsters, Crabs, Mackerel, Whitings, Soles, Smelts, Sprats, Prawnes, Ruffes, &c. What great plen­ty of Apples, Pears, Plums, and Cherries. How doth Eng­land abound with Wheat, Barly, Pulse, Beans, and Oates, with excellent Butter and Cheese, with most sorts of Edible Roots and Herbs. It wants not Red [Page 9] Deer, Hare, Goats, &c. It wants not Wild-Ducks, Wild-Geese, Puffins, Snipes, God-wits, and many other kind of Sea-fowl. It wants not Apri­cocks, Peaches, Nectarins, Grapes, Figgs, Melons, Quin­ces, &c. Walnuts and Hasel­nuts. Lastly, for Drinks, Eng­land abounds with Beer, Ale, Sider, Perry, and in some pla­ces with Metheglin.

Now of all these things there is such a constant conti­nuance, by reason of the Cle­mency of the Climat, that scarce the least Famine which fre­quenteth other Countries, hath been felt in England these 300 years.

Then for Rayment, England produceth generally not onely very Fine Wooll, which makes [Page 10] our Cloth more lasting than o­ther Countrey Cloth, and better conditioned against Wind & Wea­ther; but also such great abun­dance of Wooll, that not onely all sorts from the highest to the lowest are clothed therewith▪ but so much hath been hereto­fore transported beyond the Seas, that in honour of the English Wooll, that brough [...] heretofore such plenty of Gol [...] into the Territories of Charle [...] the puissant and bold Duke of Burgundy (where the Staple for English Wooll was then kept [...] he instituted that famous Milita­ry Order of the Golden Fleece, a [...] this day in highest esteem with the whole House of Austria▪ This abundance and cheapness of Wooll in England proceeds not onely from the goodness of [Page 11] the Soyle, but also from the freedom from Wolves and tem­perateness of Heat and Cold, which in other Countries cre­ates a great charge of a constant guarding their Sheep, and hou­sing them by Night, and some­times by Day. Also for ad­vancing the Manufacture of Cloth, that necessary Earth called Fullers Earth, is no where else produced in that a­bundance and excellency as in England. Beside, there is in England great plenty of excel­lent Leather for all sorts of uses, nor wants it Hemp and Flax, at least not ground fit to produce them.

For Building it wants not Timber nor Iron, Stone nor Slate, Brick nor Tiles, Marble nor Alablaster, Mortar nor Lime, &c. Lead nor Glass.

[Page 12] For Firing, either Wood, Sea-Coal, or Pit-Coal, almost e­very where to be had at reason­able rates.

For Shipping, no where bet­ter Oak, no where such Knee Timber, as they call it or Iron to make serviceable and durable Guns.

For War, for Coach, for Highway, and Hunting, no where such plenty of Horses; also for Plow, Cart, and Carri­ages: insomuch as Mules and Asses so generally made use of in France, Italy, and Spain, are utterly despised in Eng­land.

Moreover, England produ­ceth besides a mighty quantity of Tinne, Lead, and Iron, some Brass, Copperas, Allome, Salt, Saf­fron, and divers other beneficial [Page 13] Commodities; it wants not Mines of Silver, yielding more in their small quantities of Ore, and so richer than those of Po­ [...]osi in the West Indies, whence the King of Spain hath most of his Silver; those yielding usu­ally but one Ounce and a half of Silver in one hundred Ounces of Ore: whereas these in Wales, Cornwall, Lancashire, and the Bishoprick of Durham, yield or­dinarily 6 or 8 Ounces per Cent. [...]ut these lying deep, are hard [...]o come unto, and Workmen [...]ear, which is otherwise in Po­ [...]osi.

Vineyards have been hereto­ [...]ore common in most of the [...]outhern and Middle Parts of England, and Silks might be [...]ere produced, as it was once [...]esigned by King James; but [Page 14] a great part of the Natives prone to Navigation, supply­ing England at a very cheap rate with all sorts of Wine, Silks, and all other Forreign Commodities, it hath been found far better Husbandry to employ English Ground rather for producing Wooll, Corn, and Cattle, for which it is most pro­per. In a word, though some Countries excel England in some things, yet in general there is no one Countrey under Hea­ven whose Aire is better stored with Birds and Fowls, Seas and Rivers with Fishes, Fields with all sorts of [...]orn, the Pa­stures with Cattel, the Forests, Parks, and Woods with Wild Beasts, onely for Recreation and Food; the Mines with Metals, Coals, and other Mi­nerals; [Page 15] where are fewer rave­nous and hurtful Beasts, fewer venemous Serpents or noisome Flies; fewer Droughts, Inun­dations, or Dearths; fewer Un­wholsom Serenes, Pestilential Aires, Tempestuous Hurricanes, or Destructive Earthquakes; last­ly, where there is a greater a­bundance of all things necessa­ry for mans life, and more espe­cially for all kind of Food; in­somuch that it hath been judg­ed that there is yearly as much Flesh and Beer consumed in England by over plentiful Ta­bles, as would well serve three times the number of People. Add to all this, that being en­compassed with the Sea and well furnisht with Ships and a­bundance of Commodious and excellent Havens and Ports, it [Page 16] excels for safety and security (which is no small praise) all the Neighbouring Countries, if not all the Countries in the World.

It hath been possest by five several Nations,Inhabi­tants. and coveted by many more, and no wonder so fair and rich a Lady should have many Lovers, it being a Countrey (as was said of the Tree in the midst of Paradise) good for food, pleasant to the eyes, and to be desired; where­as Scotland, Wales, Biscay, Switzerland, and other like Countries, continue still in the possession of their Aborigines, of the first that laid claim unto them, none since judging it worth their pains to dispossesse them.

[Page 17] The first Inhabitants of England are believed to be the Britains, descended from the [...]auls, subdued afterward by [...]he Romans; who by reason of [...]eir troubles nearer home, [...]ere constrained to abandon this Countrey about 400 years af­ [...]er Christ: whereupon the Picts [...]ahabitants of Scotland, inva­ [...]ng the Britains, they call to [...]eir aid the Saxons; who cha­ [...]ng away the Picts, soon made themselves Masters of the Bri­tains: but these not able to en­ [...]ure the heavy yoke of the [...]axons, after many Battels and Attempts to recover their lost Liberties and Countrey, retired [...]r were driven most of them [...]nto the two utmost Western [...]arren, and mountainous parts of this Countrey, called af­terwards [Page 18] by the Saxons Wa­lishland, instead of Gaulishland, as the Germans still call Italy Walishland, because inhabited by the Cisalpine Gauls; and the French call our Countrey of Britains, Le Pais de Gales.

The Saxons solely possest of all the best part of this Isle▪ were for a long time infested, and for some time almost sub­dued by the Danes, and after­wards wholly by the Normans, who drave not out the Saxons, but mixed with them; so that the English blood at this day is a mixture chiefly of Norma [...] and Saxon, not without [...] tincture of Danish, Romish, and Britain Blood.

The English Tongue being a [...] present much refined,Their Language exceed­ingly [Page 19] copious, expressive, and significant (by reason of a liber­ty taken by the Natives of borrowing out of all other Lan­guages, whatever might con­duce thereunto) is (as their blood) a mixture chiefly of the Old Saxon (a Dialect of the Teutonick) and the Old Norman (a Dialect of the French) not without some savour of the Britains, Romans, and Danes Languages.

The Romans possessing Eng­land, caused their Tongue the Latine once to be generally u­sed in this Countrey.

The Saxons succeeding, in­troduced their Language where­soever they seated themselves.

The Normans afterwards getting possession of England, caused the Norman or French [Page 20] Tongue to be learnt at School by the Saxons, and for a long time had all Lawes, Pleadings, Sermons, &c. in French.

The Latine Tongue at pre­sent is made use of in Court Rolls, Processes of Courts, in Charters, Commissions, Patents, Writs, Bonds, &c.

The Names of all Shires, Cities, Towns, and Villages, Pla­ces and Men, in England, are generally Saxon, and so are most Nouns Appellative, and a great part of the Verbs.

In French, or rather Norman, are still written the Common Laws, and learnt by young Students thereof. Also some Pleadings, and all Mootes and Law Exercises, are wholly French. In Parliaments the [Page 21] King doth in French signifie his assent or dissent to all Bills.

The Natives of England (by reason of the Temperate Climat, Stature. Mild Aire, not rendred unequal by high Mountains, nor un­healthy by many Marshes, plen­ty of wholsome food, and the use of Beer rather than Wine) pour la belle taille & le beau teinct au visage, as the French say, for a just handsome large proportion of body, for clear complexions and pleasing fea­tures, do surpasse all the Nati­ons of the World.

The English are generally great Flesh-eaters, Dyet. although by the nearness of the Sea and abundance of Rivers and Fish-ponds, there is no want of Fish. [Page 22] In former times their Table was in many places covered four times a day, they had Break­fasts, Dinners, Beverages, and Suppers, and every where set Dinners and Suppers: until in the late troubles, wherein ma­ny eminent families were much impoverisht, a Custom was ta­ken up by some of the Nobility and Gentry, of eating a more plentiful Dinner, but little or no Supper; as on the contrary the Romans and Jews anciently, and the hotter Climats, at this day have little or no Dinners, but set Suppers.

The English are not now so much addicted to Gluttony and Drunkenness as heretofore, nor unto Tobacco, which per­haps within a few years may be expelled by Coffee.

[Page 23] Feasting also is not now so [...]ommon and profuse as anti­ [...]ntly, for although the Feasts [...]t Coronations, at the Installa­tions of Knights of the Garter, [...]onsecrations of Bishops, En­tertainments of Ambassadors, [...]he Feasts of the Lord Mayor of London, the Sergeants at Law, [...]nd Readers Feasts in the Innes of Court, are all very sumptuous [...]nd magnificent in these times; [...]et compared to the Feasts of [...]ur Ancestors, seem to be but [...]iggardly and sparing: for Ri­chard Earl of Cornwall, Brother [...]o Henry 3, had at his Marri­ [...]ge Feast, as is recorded, Thir­ [...]y thousand Dishes of Meat; [...]nd King Richard the 2d. at a Christmass spent daily 26 Oxen, [...]oo Sheep, besides Fowl and [...]ll other Provision proportion­ably; [Page 24] so antiently at a Call [...] Sergeants, each Sergeant (sait [...] Fortescue) spent sixteen hun­dred Crowns, which in thos [...] dayes was more than 1600 [...] now.

The English that feed not o­ver liberally (whereto the gre [...] plenty and variety of Vian [...] entice them) nor drink muc [...] Wine, but content themselv [...] with Small Ale or Sider (b [...] especially the later) are obser­ved to be much more health and far longer lived than any [...] our Neighbour Nations.

For Apparel or Clothing the French Mode hath been gen [...] ­rally used in England of la [...] years.Attire. In the time of Queen Elizabeth sometimes the Hi [...] Dutch, sometimes the Spanis [...] [Page 25] and sometimes the Turkish and Morisco Habits, were by the English worn in England when the Women wore Doublets with Pendant Codpieces on the Breast full of Tags and Cuts; moreover Gallygascons, Far­dingales, and Stockings of di­vers Colours: but since the Restauration of the King now raigning, England never saw, for matter of wearing Apparel, less prodigality and more mo­desty in Clothes, more plain­ness and comeliness than a­mongst her Nobility, Gentry, and Superiour Clergy; onely [...]he Citizens, the Countrey People, and the Servants, ap­pear clothed for the most part above and beyond their Quali­ties, Estates, or Conditions. Since our late breach with [Page 26] France, the English Men (though not the Women) have quitted the French Mode, and taken a grave Wear, much according with the Oriental Nations.

Churches thorowout all Eng­land and all Publick Edifices, Build­ings. are generally of Solid Stone, covered with Lead, Cathedral and Collegiate Churches every where ample and magnificent; and the Churches in Market Towns and Opulent Villages spatious and solid enough▪ Houses in Cities that were heretofore usually of Wood▪ are now built of good Stone o [...] Brick, and covered with Slat [...] or Tile; the Rooms within formerly wainscotted, are now hung with Tapistry or other con­venient [Page 27] Stuffe, and all cieled with Plaister, excellent against the rage of Fire, against the Cold and Sluttishness.

The Modern Buildings have been far more slight and of less continuance than the Antient.

The Houses of the Nobles and Rich, are abundantly fur­nisht with Pewter, Brass, Fine Linnen, and Plate. The mean Mechanicks and ordinary Hus­bandmen, want not Silver [...]poons, or some Silver Plate, in [...]heir Houses.

The Windowes every where [...]lased, not made of Paper or Wood, as is usual in Italy and [...]pain.

Chimnies in most places, no [...]toves, although the far more [...]outhern parts of Germany can [...]ardly subsist in the Winter [...]ithout them.

[Page 28] England contains 9725 Pa­rishes, Number of Inha­bitants. now allowing to each Parish one with another 80 Families, there will be 778000 Families, and to each Family 7 persons, there will be found in all Five Millions four hun­dred forty six thousand souls, and amongst them about one Million of Fighting Men.

As some years before the late Troubles no people of any Kingdom in the World enjoy­ed more freedom from Slavery and Taxes, Dispositi­ons and humours of the In­habitants▪ so generally none were freer from evil tempers and humours: none more de­voutly religious, willingly obedi­ent to the Laws, truly loyal to the King, lovingly hospitable to Neighbours, ambitiosly civil to [Page 29] Strangers, or more liberally cha­ritable to the Needy.

No Kingdom could shew a more knowing prudent Nobility, a more valiant Gentry, a more learned and pious Clergy, or a more contented loyal Commo­nalty.

The Men were generall ho­nest, the Wives and Women chast and modest, Parents lo­ving, Children obedient, Hus­bands kind, Masters gentle, and Servants faithful.

In a word, the English were then according to their Native Temper, the best Neighbors, best Friends, best Subjects, and the best Christians in the World.

Amongst these excellent Tempers, amongst this goodly Wheat, whilst men slept, the [Page 30] Enemy came and sowed Tares, there sprang up of later years a sort of people sowre, reserved, narrow-hearted, close-fisted, self-conceited, ignorant, stiff-necked, Children of Belial (ac­cording to the genuine signifi­cation of the word) ever prone to despise Dominion, to speak evil of Dignities, to gain-say Order, Rule, and Authority; who have accounted it their honour to contend with Kings and Governours, and to disquiet the Peace of Kingdoms; whom no deserts nor clemency could ever oblige, neither Oaths or Promises bind, breathing no­thing but sedition and calum­nies against the Establisht Go­vernment, aspiring without measure, railing without rea­son, and making their own wild [Page 31] fancies the square & rule of their consciences; hating, despising, or disrespecting the Nobility, Gen­try, and Superiour Clergy, &c.

These lurking in all quarters of England, have at length with their pestilential breath in­fected some of the worse natu­red and worse nurtured Gentry, divers of the inferiour Clergy, most of the Tradesmen and ve­ry many of the Peasantry, and prevailed so far, as not onely to spoil the best governed State, and ruine the purest and most flourishing Church in Christen­dome, but also to corrupt the minds, the humours, and very natures of so many English; insomuch that notwithstanding the late happy restauration of the King and Bishops, the inces­sant joynt endeavours and stu­dies [Page 32] of all our Governours to reduce this people to their pri­stine happiness, yet no man now living can reasonably hope to see in his time the like bles­sed dayes again; without a transplantation of all those sons of Belial (as King James in his grave Testament to his Son did intimate) without an utter ex­tirpation of those Tares, which yet the Clemency and Meek­ness of the Protestant Religion seems to forbid.

The Nobility and chief Gentry of England have been even by Strangers compared to the finest Flowre, but the lower sort of common People to the coursest bran; the innate good nature, joyned with the liberal educati­on and converse with Strangers in forreign Countries, render [Page 33] those exceeding civil; whereas [...]he wealth, insolence, and pride [...]f these, and the rare converse [...]ith strangers, have rendred [...]hem so distastful, not onely to [...]he few strangers who frequent England, but even to their own Gentry, that they could some­times wish that either the Countrey were less plentiful, or [...]hat the Impositions were hea­ [...]ier, for by reason of the great abundance of Flesh and Fish, Corn, Leather, Wooll, &c. which the Soil of its own bounty, with little labour doth produce. The Yeomanry at their ease and almost forgetting labour, grow rich, and thereby so proud, in­solent, and careless, that they neither give that humble re­spect and awful reverence which in other Kingdomes is usually [Page 34] given to Nobility, Gentry, and Clergy, nor are they so in­dustrious or so skillful in Manu­factures as some of our Neigh­bour Nations; so that in Eng­land it is no Paradox to affirm▪ that as too much indigency in the inferiour sort of people doth depress the spirits and dul [...] the minds of them, so too plentiful and wanton a fortune, causeth in them a lazyness▪ and less industry, that state com­monly enjoying most peace and order and happiness, where either the moderate barrenness of the Countrey, or want of ground, or multitude of Im­posts (as in Holland) do ne­cessitate the common people to be industrious in their Callings, and so to mind their own, as not to disturb the State and Church Affairs.

[Page 35] Moreover, of the English especially it hath been observ­ed, that then it is happiest with them, when they are some­what pressed, and in a complain­ing condition, according to that old Riming Verse, ‘Anglica gens est optima flens & pessima gaudens.’

The English Nation ancient­ly were and at this day are very apt to hearken to Prophesies, and to create Prodigies; and then interpret them according to their own extravagant con­ceits; to invent and then main­tain any the most prodigious Opinions and Tenents in Phi­losopy of Divinity; some of the inferiour sort of late holding abominable opinions, unworthy [Page 36] even of men, and such as in no Age were ever broacht before.

The English National Vices were antiently Gluttony and the effects thereof Lasciviousness, (when they made four Meals in a day and most excessive Feast­ing, with great plenty of French Wine) when Women of pro­fessed Incontinency were permit­ted to proffer their Bodies to all Comers, in certain places called Stews or Stoves, or Bathing places; because men were wont to bath themselves there (as still in other Countries) before they addrest themselves to ve­nereous acts. Moreover Pride in Apparel, wherein they were anciently so extravagant and foolish, that divers Statutes and Homilies have been made a­gainst that Excess, and an [Page 37] English Man was wont to be pi­ctured naked with a pair of Tay­lors Sheers in his hand, and a piece of Cloth under his arme, with Verses annext, intimating that he knew not what fashion of Clothes to have.

Excess of drinking was anci­ently more rare in England, as appears by an old Poet,

The Danes in the time of King Edgar first brought it in, but it was afterward banisht [...]ence, so that we find no anci­ent Statute against it; for though the Statutes heretofore [...]ade against Excess in Apparel [Page 38] and Dyet are ancient, yet those against Drunkenness are but of late date.

As the English returning from the Wars in the Holy Land, brought home the foul disease of Leprosie, now almost extinct here, though not yet in our neighbouring Countries; so in our Fathers dayes the En­glish returning from the Service in the Netherlands, brought with them the foul Vice of Drunkenness, as besides other Testimonies, the Term of Ca­rous, from Gar ausz, All out, learnt of the High-Dutch there in the same Service; so Quaffe, &c. This Vice of late was more, though at present too much; insomuch that some persons, and those of quality, may not safety be visited in an [Page 39] Afternoon, without running the hazard of Excessive drink­ing of Healths (whereby in a short time twice as much liquor is consumed as by the Dutch, who sip and prate) and in some places it is esteemed a piece of wit to make a man drunk, for which purpose some swilling in­sipid Trencher Buffoon is alwayes at hand.

However it may be truly af­firmed that at present there is generally less Excess in Drink­ing (especially about London since the use of Coffee) less ex­cess in Dyet, but principally in Apparel than heretofore: inso­much that the poor Tradesman is much pincht thereby; for as it is expedient for the benefit of the whole Commonwealth, that divers unnecessary and su­perfluous [Page 40] Commodities should be allowed, as 'Tobacco, Coffee, Spices, Sugars, Raisins, Silks, &c. so some less hurtful ex­cesses (as in Apparel, Dyet, Building, Coaches, Lackeys, &c. must either be connived at, or much of all the money of the Nation must lie dead and unemploied (as it now doth in the private, sullen, niggardly Non-Conformists hands) and Tradesmen must either starve, or be sustained by Almes.

The Sin of Buggery brought into England by the Lombards, as appears not only by the word Bugeria, but also by Rot. Parl. 50. Edw. 3. N. 58. is now rarely practised amongst En­glish, although sometimes dis­covered amongst Aliens in En­gland, and then punisht by [Page 41] Death without any remission.

Impoysonments, so ordinary [...] Italy, is so abominable a­mongst English, as 21 H. 8. [...] was made High Treason, [...]hough since repealed; after which the punishment for it was [...] be put alive in a Caldron of Water and there boiled to [...]eath.

Stabbing in England is much [...]ore seldome than in Italy, [...]e English being easie to be re­ [...]onciled to pardon and remit [...]ffences, not apt to seek re­ [...]enge; the true well-bred En­ [...]lish have more of inclination [...] goodness, which the Greeks [...]alled Philanthropia, than other Nations; the Nobility and well- [...]red Gentry delighting to be [...]racious and courteous to Strangers, compassionate to the [Page 42] afflicted, and grateful to Benefa­ctors, when their Purse or Esta [...] not diverted by other extrava­gant expences, will give the [...] leave to remember them.

The English according to the Climat, are of a middle temp [...] The Northern Saturnine a [...] the Southern Mercurial temp [...] meeting in their Constitution render them ingenious and a­ctive, yet solid and perseve [...] ­ring, which nourisht under sutable liberty, inspires a cou­rage generous and lasting.

Their Ingenuity will not al­low them to be excellent [...] the Cheat, but subject in tha [...] point rather to take tha [...] give, and supposing others [...] open-hearted as themselves are many times in Trespass o­vermatcht by them, whom [Page 43] they overmatch in Arms and [...]ue Valour.

The English since the Refor­mation so much given to Lite­rature, that all sorts are gene­rally the most knowing people [...] the world. They have been [...] much addicted to writing, and [...]specially in their own lan­guage, and with so much li­cence or connivence, that ac­cording to the observation of a [...]earned Man, there have [...]een since the Reformation more good and more bad Books printed and published in the En­glish Tongue, than in all the Vulgar Languages of Europe.

For solidity of matter, for [...]legancy of style in their Ser­mons, Comedies, Romances, as also in their Books of Philoso­phy, Physick, History, and all [Page 44] other solid Learning, no Nati­on hath surpassed the English and few equalled them.

The English, especially the Gentry, are so much given [...] Prodigality and Slothfulness that Estates are oftner spent an [...] sold than in any other Countrey They think it a piece of frug [...] ­lity beneath a Gentleman [...] bargain before hand, or to cou [...] afterward, for what they eat [...] any place, though the rate [...] most unreasonable; whereby [...] comes to passe that Cooks, Vint­ners, Inn-keepers, and such mean fellows, enrich them­selves, and begger and in [...] over the Gentry. In a word▪ by their prodigality it comes to pass, that not only those, but Taylors, Dancing-Masters, and such Trifling Fellows, arrive to [Page 45] that riches and pride as to ride [...] their Coaches, keep their [...]mmer Houses, to be served [...] Plate, &c. an insolence insup­ortable in other well governed Nations.

For variety of Divertise­ments, Recreati­ons. Sports and Recreations, [...]o Nation doth excell the En­glish.

The King hath his Forests, [...]hases, and Parks, full of va­riety of Game; hunting Red and Fallow Deer, Foxes, Ot­hers, Hawking, his Paddock Courses, Horse Races, &c. [...]broad; and at home Tennis, Baloon, Biliards, Comedies, Masks, &c. The Nobility and chief Gentry have their Parks, Warrens, Decoyes, Paddock-Courses, Horse Races, Hunting, [Page 46] Coursing, Fishing, Fowling Hawking, Setting Dogs, Tumblers Lurchers, Duck-hunting, Cock fighting, Tennis, Bowling, Bi­liards, Tables, Chesse, Draughts Cards, Dice, Catches, Questi­ons, Purposes, Comedies, Dan­cing, Singing, all sorts of Mu­sical Instruments, &c. The Ci­tizens and Peasants have Hand-Ball, Foot-Ball, Skitles, [...] Nine Pins, Shovel-board, Sto [...]-Ball, Goffe, Trol Madam, Cua­gels, Bear-baiting, Bull-bait­ing, Bow and Arrow, Throwing at Cocks, Shuttle-cock, Bowling, Quaits, Leaping, Wrestling▪ Pitching the Barre, and Ringing of Bells, a Recreation used in no other Countrey of the World.

Amongst these Cock-fighting may seem too childish and un­suitable [Page 47] for the Gentry, and [...] the Common People Bull­ [...]iting and Bear-baiting may [...]em too cruel, and for the [...]itizens Foot-ball very uncivil [...] rude.

For Weights and Measures at [...]esent used in England, Weights and Mea­sures. there [...]ve been very many excellent [...]atutes and Ordinances, and [...]undance of care taken by our [...]ncestors to prevent all cheat­ing and deceit therein.

By the 27th Chapter of [...]agna Charta the Weights and [...]easures ought to be the same yet all England, and those to [...] according to the Kings [...]andards of Weights and Mea­ [...]res kept by a special Officer [...] his House, called the Clerk [...] Comptroller of the Market.

[Page 48] Of Weights there are two sorts used at present thorow­out all England, viz. Troy Weight and Avoirdupois. In Troy weight 24 grains of Wheat make a Penny weight Sterling, 20 Penny weight make an Ounce, 12 Ounces make a Pound; so there are 480 Grains in the Ounce, and 5760 Grains in the Pound.

By this Weight are weighed Pearls, Pretious Stones, Gold, Silver, Bread, and all manner of Corn and Grain; and this Weight the Apothecaries do or ought to use, though by o­ther divisions and denomina­tions: their least Measure is a Grain.

• [Page 49]20 Grains make a Scruple markt ℈
• 3 Scruples make a Drach. markt ʒ
• 8 Drachmes make an Ounce, markt ℥
• 12 Ounces make a Pound, markt lb

Avoir du pois hath 16 Oun­ces to the Pound, but then the Ounce Avoir du pois is lighter than the Ounce Troy by 42 Grains in 480, that is neer a 12th part; so that the Avoir du pois Ounce containeth but 438 Grains, and is as 73 to 80, that is 73 Ounces Troy is as much as 80 Ounces Avoirdu­pois, and 60 Pound Avoirdu­pois is equal to 73 Pounds Troy, and 14 Ounces Troy and a half, and the 10th part of a Troy Ounce make 16 Ounces A­voirdupois.

By this Weight are weighed [Page 50] in England all Grocery Wares, Flesh, Butter, Cheese, Iron, Hemp, Flax, Tallow, Wax, Wooll, Lead, Steel, also all things whereof comes waste, and therefore 112 l. Avoirdu­pois is called a hundred weight, and 56 l. half a hundred, and 28 l. a quarter of a hundred, o [...] a Tod. Eight Pounds Avoir­dupois amongst the Butchers is called a Stone.

Note that when Wheat is at 5 s. the Bushel, then the Penny Wheaten Loaf is by Statute to weight 11 Ounces Troy, and [...] Half penny White Loaves to weigh as much, and the Hou­shold Penny Loaf to weigh 1 [...] Troy Ounces and two third part of an Ounce, and so more [...] less proportionably.

[Page 51] All Measures in England are either Applicative or Recep­tive. Measures

The smallest Mensura appli­cationis or applicative measure [...]s a Barly Corn, whereof 3 in length make a fingers breadth or Inch, 4 Inches make a Hand­ful, 3 Handful a Foot, 1 Foot and a half makes a Cubit, 2 Cu­bits a Yard, 1 Yard and a quar­ter makes an Ell, 5 Foot make Geometrical Pace, 6 Foot a [...]athom, 16 Foot and a half make a Perch, Pole, or Rod, [...] Perch make a Furlong, 8 [...]urlongs, or 320 Perch make English Mile, which accord­ing to the Statute of 11 H. 7. [...]ight to be 1760 Yards, or [...]80 Foot, that is 280 Foot more than the Italian Mile; [Page 52] 60 Miles, or more exactly 69 English Miles and a half, make a Degree, and 360 Degrees or 25020 Miles compass the whole Globe of the Earth.

For measuring of Land in England, 40 Perch in length and 4 in breadth make an Acre of Land (so called from the German word Acker, and tha [...] from the Latine Ager) 3 [...] Acres ordinar [...]ly make a Yar [...] Land, and one hundred Acre are accounted a Hide of Land but in this and also in som [...] Weights and other Measures [...] the Custome of the place is o­therwise, yet must be re­garded.

Mensurae Receptionis, or th [...] Receptive Measures, are tw [...] fold; first of Liquid or Mo [...] things, secondly of Dry things▪ [Page 53] About a pound Avoir dupois makes the ordinary smallest re­ceptive measure called a Pint, 2 Pints make a Quart, 2 Quarts a Pottle, 2 Pottles a Gallon, 8 Gallons a Firkin of Ale, 9 Gallons a Firkin of Beer, 2 such Firkins or 18 Gal­lons make a Kilderkin, 2 Kil­derkins or 36 Gallons make a Barrel of Beer, 2 Barrels a Hogshead, 2 Hogsheads a Pipe or Butt, 2 Pipes a Tun, consist­ing of 2300 Pints or Pounds.

A Barrel of Butter or Soap is the same with a Barrel of Ale.

The English Wine Measures are smaller than those of Ale and Beer, and hold proportion as 4 to 5; so that 4 Gallons of Beer Measure are 5 Gallons of Wine Measure, and each Gal­lon of Wine is 8 pounds Troy [Page 54] Weight. Of these Gallons, a Rundlet of Wine holds 18, a Tierce of Wine holds 42 Gal­lons, a Hogshead 63 Gallons, a Pipe or Butt holds 126, and a Tun 252 Gallons or 2016 Pints.

To measure dry things as Corn or Grain, there is first the Gallon which is bigger than the Wine Gallon and less then the Ale or Beer Gallon, and is in proportion to them as 33 to 28 and 35, and is counted 8 pounds Troy weight. Two of these Gallons make a Peck, 4 Pecks a Bushel, 4 Bu­shels the Comb or Curnock, 2 Curnocks make a Quarter; and 10 Quarters a Last or Weigh, which contains 5120 Pints, and about so many pounds; so that in a Garrison of 5000 men, allow­ing [Page 55] each but a pound of bread per diem, they will consume neer a Last or 80 Bushels every day, and 250 Men in a Ship of War will drink a Tun of Beer in 2 dayes, allowing each man but his Pottle per diem.

At first all Nations bartered and exchanged one commodity for another,Moneys. but that being found troublesome, by a kind of Custom, good liking, or usage, amongst all Civilized Nations, Silver and Gold as most porta­ble, pliable, beautiful, and less subject to rust, hath been as early as the dayes of Abraham, chosen to be the Instruments of Exchange and measure of all things, and were at first paid onely by Weight, till the Romans about 300 years be­fore [Page 56] the Birth of Christ invent­ed Coyning or Stamping Gold and Silver.

When Julius Caesar first en­tred this Iland, here were cur­rent instead of Money, certain Iron Rings, afterwards the Ro­mans brought in the use of Gold, Silver, and Brass Coyns.

In the time of King Richard the First Moneys coined in the East parts of Germany being for its purity highly esteemed, some of those Easterlings were sent for over, and emploied in our Mint, and thence our Mo­ney called Esterling or Sterling Money, as some think; though others say of the Saxon word Ster, Weighty.

King Edward the First since the Norman Conquest, establish­ed a certain Standard for Coyn [Page 57] in this manner: Twenty four Grains made one Penny Ster­ling, 20 Penny weight one Ounce, and 12 Ounces made a Pound Sterling, consisting of 20 Shillings. Of these 12 Ounces, 11 Ounces 2 Penny weight Sterling, was to be of pure Silver, called Leaf Silver, and the weight of about 18 Penny Sterling in allay the Minter might adde: So that anciently a Pound Sterling was a Pound of Troy weight, where­as now a Pound Sterling is but the third part of a Pound Troy, and little more than a 4th part of Avoirdupois weight.

The Money of England was abased and falsified for a long time, till Queen Elizabeth in the year 1560, to her great praise called in all such Money; [Page 58] since which time no base Mo­ney hath been coined in Eng­land, but onely of pure Gold and Silver, called Sterling Mo­ney; onely of later times, in relation to the necessity of the Poor, and Exchange of great Money, a small piece of Brass called a Farthing, or fourth part of a Penny, hath been permitted to be coined, but no man enforced to receive them in pay for Rent or Debt; which cannot be affirmed of any other State or Nation in the Christian World, in all which there are several sorts of Copper Money as current with them for any payment as the purest Gold or Silver.

No Moneys in any Mint are made of pure Silver, because Silver in its purity is almost as [Page 59] flexible as Lead; and therefore not so useful, as when hardned with Copper.

Gold minted pure would also be too flexible, and therefore is in all Mints allaied with some Copper; and most Mints differ in more or less allay.

The Ordinary Silver Coyns at present in England, are ac­cording to weight, either the Ounce Troy, the half Ounce, the 5th part, 10th part, 15th part, 20th part, 30th part, or 60th part; thus denominated, The Crown, Half Crown, Shil­ling, Six Pence, Four Pence, Three Pence, Two Pence, a Penny.

The Standard of Sterling Silver in England is Eleven Ounces and Two Penny weight of Fine Silver, and 18 Penny [Page 60] weight of Allay of Copper out of the Fire, and so proportiona­bly; so that 12 Ounces of pure Silver, without any allay, is worth 3 l. 4 s. 6 d. and an Ounce is worth 5 s. 4 d. 1 ob. but with allay is worth but 3 l. and the Ounce 5 s.

The Ordinary English Gold Coyns are now only the old Ca­rolus, or 20 s. Piece, which by a late Proclamation is cur­rent at 21 s. 4 d. it weigheth 5 Penny weight 20 Grains. The New Guinea 20 s. weigheth 5 Penny 10 Grains.

The Standard of the English Carolus piece, or Ordinary Gold, is in the Pound weight Troy 22 Carrats of Fine Gold and 2 Carrats of Allay Silver or Cop­per; that is, 11 Ounces of Fine Gold and one Ounce of Allay Silver or Copper.

[Page 61] The Spanish, French, and Flemish Gold is of equal fineness with the English.

The English Silver Money hath less Allay than the French or Dutch.

The Moneyers divide the Pound weight into 12 Ounces Troy.

• The
  • Ounce
  • Pen weight
  • Grain
  • Mite
  • Droite
  • Periot.
    • into
      • 20 Pen. w.
      • 24 Grains.
      • 20 Mites.
      • 24 Droites
      • 20 Periots.
      • 24 Blanks.

The English Silver is coined at 3 l. 2 s. the Pound of Troy weight, the 2 s. being allowed the Minters for Coinage.

[Page 62] The English Gold is coined at present at 44 l. 10 s. the Pound Troy weight, whereof 15 s. is allowed the Minters for Coinage.

So that now the proportion of Gold to Silver in England, is as one to 14 and about ⅓ that is to say. one Ounce of Gold is worth in Silver 14 Ounces and about ⅓ or 3 l. 14 s. 2 d. of English Money.

That the English Coyn may want neither the purity nor the weight required, it is most wise­ly and carefully provided, that once every year the Chief Offi­cers of the Mint appear before the Lords of the Council in the Star-Chamber at Westminster, with some pieces of all sorts of Moneys-coined the fore-going year, taken at adventure out [Page 63] of the Mint, and kept under several Locks by several per­sons till that appearance, and then by a Jury of 24 able Goldsmiths in the presence of the said Lords, every piece is most exactly assaied and weighed.

Since the happy restauration of His Majesty now raigning, the coyning or stamping of Mo­ney by Hammers hath been laid aside, and all stampt by an En­gine or Skrew; whereby it is come to pass that our Coins for neatness, gracefulness, and security from counterfeiting, sur­pass all the most excellent Coins not only of the Romans, but of all the Modern Nations in the World.

[Page 64] In England at the beginning of Christianity they counted as all other Christians,English Co [...] ­tation. according to the then Roman Account, by Olympiads or space of five years. Afterwards (in the Raign of Constantine the first Christian Emperour) by Indictions or Fifteen years; at length in the Raign of the Emperour Justi­nian, 532 years after Christs Incarnation (and not before) all Christians generally began to count ab Anno Christi Incar­nati; at which time one Diony­sius Exiguus or Abbas, a wor­thy Roman, had finisht a Cycle for the Observation of Easter, which was then generally re­ceived, and is still observed by the Church of England; the ground whereof is this. The [Page 65] Vernal Equinox at that time was accounted to be the 21 of March, and by consequence must be the earliest Full Moon, and then March the 8 must be the earliest New Moon; and A­pril the 5 the latest New Moon, and April the 18 the latest Full Moon; which happening on a Sunday (as it will when the Dominical Letter is C. and the Golden Number 8) then Easter that year will be April 25. So when the New Moon shall be on March 8, and that happen­ing on a Sunday (as it will when the Dominical Letter is D. and the Golden Number 16) then Easter will be on the 22 March, as was this year 1668.

But the Romish Church fol­lowing new Rules for finding of Easter, it happens sometimes [Page 66] that their Easter is full 5 weeks before ours, and sometimes with ours, but never after ours; for Pope Gregory the 13th in the year 1582, having obser­ved that upon exact account the year contained above 365 dayes, not full 6 hours (as had been from the time of Julius Caesar hitherto reckoned) but only 5 hours 49 minutes and 16 seconds, and that this diffe­rence of almost 11 minutes in the space of about 134 years, maketh one whole day, which not considered since the Regu­lation of Easter, had brought back the year at least 10 dayes; insomuch that the Vernal Equi­nox which was at first on the 21 of March, was now on the 11th of March; by reason whereof sometimes 2 Full [Page 67] Moons past between the Equi­nox and Easter, contrary to the Primitive Institution there­of; which was, that Easter should alwayes be observed on the Sunday following the first [...]ull Moon after the Vernal E­quinox, Pope Gregory then ha­ving observed these inconveni­ences, resolved at once to take away 10 dayes, and that out of the Moneth of October, by calling the 5th day thereof the 15th, and that for that year those Festivals which fell in those 10 dayes, which by rea­son of the Vintage time were but few, should be celebrated upon the 15, 16, and 17th dayes of that Moneth. And that the Equinox might never retrocede for the future, it was then provided that every 400 [Page 68] years 3 Bissextile years should be left out; that is, in the years 1700, 1800, and 1900, and so again in 2100, 2200, and 2300, leaving the year 2000 to have its Bissextile, and so every 400th year.

The English Nation, as all other States that with-drew▪ themselves from under the Bishop of Rome's Usurped Au­thority, before the said year 1582, except Holland and Zea­land, observe still the Antient Account made by Julius Cae­sar 43 years before the Birth of Christ; and is therefore called the Old Style or Julian Ac­count: the other observed by those still under the Romish Yoke, is called the New Style or Gregorian Account; and is (by reason of the aforesaid 10 [Page 69] dayes taken away) 10 dayes before ours for the beginning of Moneths, and for all Fixt Festivals; but various for all Moveable Festivals.

Easter and the other Move­able Feasts in England, are most certainly thus found. Shrove-Tuesday is alwayes the first Tuesday after the first New Moon after January, except that New Moon happen on a Tuesday, then the next is Shrove-Tuesday, and the Sun­day following is Quadragesima, and the Sixth Sunday after is Easter Day, and the Fifth Sun­day after Easter is Rogation Sun­day, and the Thursday follow­ing, being 40 dayes after the Resurrection, is Ascention day; 10 dayes after which, or 50 dayes after Easter is Pentecoste [Page 70] or Whit sunday, and the Sunday following is Trinity Sunday: Which Computation of the Church of England agrees with all the Eastern Christian Churches, for they and we find Easter by the Rules which were generally received by all Christendom, Anno 532, and ever since till 1582, it was al­tered by the Pope as aforesaid, yet cannot it be denied but that this old Computation is be­come erroneous; for by our Rules, two Easters will be ob­served within one year, as in the last year 1667, and not one Easter to be observed this year; as this Author observed the last year in his Proposals to the Parliament.

Advent Sunday hath a pecu­liar Rule, and is alwayes the [Page 71] Fourth Sunday before Christ­mass Day, or the nearest Sun­day to St. Andrews, whether be­fore or after.

The year in England ac­cording to the Cycles of the Sun and Moon, and according to Almanacks begins on the First of January; but the En­glish Church and State begins the year from the day of Christs Incarnation, viz. on the 25 of March, which also is observed in Spain; yet the Portugues (as divers Countries in Africa) be­gin their year on the 29th of August, the Venetians on the first of March according to the Epact, the Grecians on the longest day, as the old Romans did on the shortest day; which two last seem to have most rea­son, as beginning just at the [Page 72] Periodical day of the Suns re­turn.

The Natural day consisting of 24 hours, is begun in Eng­land at Midnight, and counted by 12 hours to Midday, and a­gain by 12 hours to next Mid­night; whereas in Italy, Bohe­mia, Poland, and some other Countries, their Account [...] from Sun-setting by 24 of th [...] Clock to the next Sun-setting and at Noremberg and Wirten­berg in Germany, according to the old babylonian Account they begin at the first hour af­ter Sun-rising, to count one of the Clock, and so again at the first hour after Sun-set.

Probably there was a time when those Names of Number English Num­bring. now in use amongst all Civilized [Page 73] Nations were unknown, and Men applied their Fingers of one or both hands to those things they desired to keep ac­count of; and thence it may be that the Numeral words are but Ten in any Nation, and in some Nations but Five; and then they begin again, as af­ter decem, undecim, duode­cim, &c.

The Hebrews and the Greeks instead of Numeral Words u­sed the Letters of their Alpha­bets, beginning again after the Tenth Letter.

The Latines made use onely of 7 of their Capital Alphabet, viz MDCLXVI, all com­prehended in this Figure O and all made use of in the same order, in the late year 1666, which never did happen [Page 74] before, or ever will happen a­gain.

The English (as all the We­stern Christian World till about 400 years ago) used only Nu­meral Words in all Writings; but since use the Figures 1, 2, 3, &c. which the Christians learnt first of the Maures or A­rabs, and they of the Indians.

Nomina quasi Notamina, English Names. Names were first imposed upon Men for distinction sake by the Jews at their Circumcision, by the Romans at the 9th day after Birth, and by the Christians at the Baptisme; of such signifi­cation for the most part that might denote the future good hope or good wishes of Parents toward their Children.

[Page 75] The English Names of Bap­tisme are generally either Sax­on, as Robert, Richard, Hen­ry, William, Edward, Ed­mund, Edwin, Gilbert, Walter, Leonard, &c. Which are all very significative; or else out of the Old and New Testament, as John, Thomas, James, A­braham, Isaack, Jacob, &c.

Names super-added to the Christian Names the French call Sur noms (i. e.) superno­mina. Surnames [...]

The Hebrews, Greeks, and most other Antient Nations, had no Surnames fixt to their Families as in these dayes, but counted thus, for example a­mong the Hebrews, Melchi Ben Addi, Addi Ben Casam, &c. So the Britaines, Hughe ap [Page 76] Owen, Owen ap Rhese, &c. so the Irish, Neal mac Con, Con mac Dermoti, &c.

As Christian Names were first given for distinction of Per­sons, so Surnames for distin­ction of Families.

About Anno 1000 the French Nation began to take Surnames with de prefixt, as at this day is their usual manner. The English also took to them­selves Surnames, but not ge­nerally by the Common Peo­ple, till the Raign of Edw. 2.

At first, for Surnames the English Gentry took the Name of their Birth-place or Habita­tion, as Thomas of Aston or East-Town, John of Sutton or South-Town; and as they alter­ed their Habitation, so they altered their Surname. After, [Page 77] when they became Lords of places, they called themselves Thomas Aston of Aston, John Sutton of Sutton.

The Common People for Surnames added their Fathers Name with Son at the end thereof, as Thomas Johnson; Robert Richardson. They also oft took their Fathers Nick Name or abbreviation, with addition of s, as Gibs, the Nick Name or abbreviation of Gilbert, Hobs of Robert, Nicks of Nicholas, Bates of Bartho­lomew, Sams of Samuel; and thence also Gibson, Hobson, Nickson, Batson, Samson, &c. Many also were surnamed from their Trade, as Smith, Joyner, Weaver, &c. Or from their Office, as Porter, Steward, Sheepheard, Carter, or from [Page 78] their Place of Abode, as Atwood, Atwell, Athill; which since are shrunk into Wood, Wells, Hill.

The Normans at their first coming into England brought Surnames for many of their Gentry with de prefixt, as the French Gentry doth generally at this day, and their Christian Names were generally German; they being originally descend­ed from a part of North Ger­many. And some for about 200 years after the Conquest, took for Surname their Fathers Christian Name, with Fitz or Fils prefixt, as Robert Fitz-William, Henry Fitz-Gerard, &c.

The Britains or Welsh more lately civilized, did not take Surnames till of late years, and [Page 79] that for the most part only, by leaving out a in ap, and annex­ing the p to their Fathers Chri­stian Name; as instead of E­van ap Rice, now Evan Price; so instead of ap Howel, Powel; ap Hughe, Pughe; ap Rogers, Progers, &c.

The most ancient Families and of best account for Sur­names in England, are either those that are taken from Pla­ces in Normandy and therea­bouts in France, and from some other Transmarine Coun­tries, or else from Places in England and Scotland; as De­vereux, Seymour, Nevile, Mon­tague, Mohun, Biron, Bruges, Clifford, Berkley, Darcy, Stourton, &c. which antiently had all de prefixt, but of later times generally neglected.

OF Governments there can be but three Kinds, for either One or More, or All, must have the Soveragn Power of a Nation. If One, then it is a Monarchy; If More (that is an Assembly of Choice Per­sons) then it is an Aristocracy; If All (that is the General As­sembly of the People) then it is a Democracy.

Of all Governments the Monarchical, as most resem­bling the Divinity, and nearest approaching to perfection (uni­ty being the perfection of all [Page 81] things) hath ever been estemed the most excellent.

‘For the Transgressions of a Land, many are the Princes or Rulers thereof, Prov. 28. 2.’

Of Monarchies some are Despotical, where the Subjects like Servants are at the Arbi­trary Power and Will of their Soveraign, as the Turks and Barbarians: Others Political or Paternal, where the Subject like Children under a Father, are governed by equal and just Laws, consented and sworn unto by the King; as is done by all Christian Princes at their Coronations.

[Page 82] Of Paternal Monarchies, some are Hereditary, where the Crown descends either on­ly to Heirs Male, as in France; or next of Blood, as in Spain, England, &c. Others Elective, where upon the death of every Prince, without respect had to the Heirs or next of Blood, another by Solemn Election is appointed to succeed, as in Poland and Hungary; and till of late in Denmark and Bo­hemia.

Of Hereditary Paternal Mo­narchies, some are dependent and holden of Earthly Poten­tates, and are obliged to do Homage for the same; as the Kingdoms of Scotland and Man, that held in Capite of the Crown of England, and the Kingdome of Naples, holden of [Page 83] the Pope; others independent, holden only of God, acknow­ledging no other Superiour up­on Earth.

England is an Hereditary Pa­ternal Monarchy, governed by one Supreme, Independent, and Undeposable Head, according to the known Laws and Cu­stoms of the Kingdom.

It is a Free Monarchy, chal­lenging above many other Eu­ropean Kingdoms, a freedom from all Subjection to the Em­perour or Laws of the Empire; for that the Roman Emperours obtaining antiently the Domi­nion of this Land by force of Arms, and afterwards aban­doning the same, the Right by the Law of Nations return­ed to the former Owners pro de­relicto, as Civilians speak.

[Page 84] It is a Monarchy free from all manner of Subjection to the Bishop of Rome, and there­by from divers inconveniencies and burdens, under which the neighbouring Kingdoms groan; as Appeals to Rome in sundry Ecclesiastical Suits, Provisions, and Dispensations, in several ca­ses to be procured from thence; many Tributes and Taxes paid to that Bishop, &c.

It is a Monarchy free from all Interregnum, and with it from many mischiefs whereunto E­lective Kingdoms are subject.

England is such a Monarchy, as that, by the necessary subordinate Concurrence of the Lords and Commons in the making and repealing all Sta­tutes or Acts of Parliament, it hath the main advantages [Page 85] of an Aristocracy and of a De­mocracy, and yet free from the disadvantages and evils of ei­ther.

It is such a Monarchy, as by a most admirable temperament affords very much to the Indu­stry, Liberty, and Happiness of the Subject, and yet reserves enough for the Majesty and Pre­rogative of any King that will own his people as Subjects, not as Slaves.

It is a Kingdom that of all the Kingdoms of the World is most like the Kingdom of Je­sus Christs; whose yoke is easie, whose burden is light.

It is a Monarchy that with­out interruption hath been con­tinued almost 1000 years, and (till of late) without any at­tempts of change of that Go­vernment: [Page 86] so that to this sort of Government the English seem to be naturally inclined, and therefore during the late Bouleversations or over-turn­ings, when all the art that the Devil or Man could imagine, was industriously made use of to change this Monarchy into a Democracy, this Kingdom in­to a Common-wealth, the most and the best of English Men, the general Spirit and Genius of the Nation (not so much the Presbiterian or Roy­alist) by mighty though invi­sible influence, concurred at once to restore their exiled So­veraign, and re-establish that antient Government.

THe King is so called from the Saxon word Koning, Name. intimating Power and Know­ledge, wherewith every Sove­raigne should especially be in­vested.

The Title antiently of the Saxon King Edgar was Anglo­rum Basileus & Dominus qua­tuor Marium,Title. viz. the British, German, Irish, and Deucalido­nian Seas; and sometimes An­glorum Basileus omniumque Re­gum, Insularum, Oceanique Britanniam circumsacentis, cunctarumque Nationum quae in­fra [Page 88] eum includuntur Imperator & Dominus.

The Modern Title more mo­dest, is, Dei Gratiâ of England, Scotland, France, and Ireland King, Defender of the Faith.

The King only is Dei Gra­tiâ simply (i.e.) from the fa­vour of none but God; and the Archbishops and Bishops that pretend to that Title, must understand, Dei gratiâ & Re­gis, or, Dei gratiâ & volun­tate Regis.

Defender of the Faith, was antiently used by the Kings of England, as appears by seve­ral Charters granted to the U­niversity of Oxford, but in the year 1521 more affixt by a Bull from Pope Leo the Tenth for a Book written by Henry the Eighth against Luthers, in de­fence [Page 89] of some points of the Romish Religion; but since continued for defence of the Antient Catholck and Apostolick Faith.

Primogenitus Ecclesiae be­longs to the Kings of England, because their Predecessor Luci­us was the first King that em­braced Christianity.

Christianissimus was by the Lateran Council under Pope Julius the 2d conferred on the Kings of England in the 5th year of Henry 8, though now used only by the French King.

The Title of Grace was first given to the King about the time of H. 4. to H. 6. Excel­lent Grace, to Ed. 4. High and Mighty Prince, to Hen. 8. first Highness then Majesty, and now Sacred Majesty; after the [Page 90] Custom of the Eastern Empe­rours, that used [...].

The King of England in his Publick Instruments and Let­ters stiles himself Nos, We, in the plural number; before King John's time the Kings u­sed the singular number, which Custom is still seen in the end of Writs, Teste meipso apu [...] Westm.

In speaking to the King is u­sed often (besides Your Maje­sty) Syr, from Cyr, in the Greek [...] an Abbreviation o [...] [...] and [...], Dominus much used to the Greek Empe­rours; but Syr or Domine i [...] now in England become the ordinary word to all of better rank, even from the King to the Gentleman. It was anti­ently in England given to [Page 91] Lords, afterwards to Knights, and to Clergymen, prefixt be­fore their Christian Names; [...]ow in that manner only to Ba­ [...]onets and Knights of the Bath, and Knights Batchelours, yet in France Syr or Syre is reserved only for their King.

About the time that our Sa­viour lived on Earth, there was a Jewish Sect, whose Ring- [...]eader was one Judas of Gaile, mentioned Acts 5. 37. that would not give this Title of Sir or Dominus to any man; affirming that it was proper on­ly to God, and stood (not un­like our new Fanaticks, called Quakers) so perversely for such Nominal Liberty (being [...]n other points meer Pharisees) that no penalties could force them to give this honorary [Page 92] Title to any man, no not to the Emperour; uti videre [...] apud Josephum & alios. Sed h [...] obiter.

The Saxon Kings before the Conquest bare.Arms. Azure a Cross [...] Formy between four Martlet Or.

Afterward the Danish King raigning in England bare o [...] Semi de Harts, Gules 3 Lyon Passant Gardant Azure.

After the Conquest the Kings of England bare two Leopards, born first by the Conquerour as Duke of Nor­mandy, till the time of Hen. 2 who in right of his Mother an­next her Paternal Coat the Lyon of Aquitaine, which be­ing of the same Field, Mettal▪ and Form with the Leopards, [Page 93] [...]om thence-forward they were [...]intly marshalled in one Shield, and Blazoned 3 Lyons, as at [...]resent.

King Edward the Third in [...]ght of his Mother claiming [...]he Crown of France, with the Arms of England quartered the Arms of France, which then were Azure, Semy Flower [...]eluces Or; afterwards chang­ed to 3 Flower deluces: where­upon Hen. 5. of England cau­sed the English Arms to be changed likewise: King James upon the Union of England and Scotland, caused the Arms of France and England to be quartered with Scotland and Ire­land, and are thus blazoned.

The King of England bear­eth for his Soveraign Ensigns Armorial as followeth:

[Page 94] In the first place, Azure 3 Flower deluces Or; for the Re­gal Arms of France quartered with the Imperial Ensigns of England, which are Gules thre [...] Lyons Passant Gardant in Pal [...] Or. In the second place, with in a double Tressure counter-flowered de lys Or, a Lyon Ram­pant Gules for the Royal Arms of Scotland. In the third place Azure an Irish Harp Or String­ed Argent, for the Royal En­signs of Ireland. In the fourth place as in the first, All with­in the Garter, the chief Ensign of that most Honourable Or­der, above the same an Helmet answerable to His Majesties So­veraign Jurisdiction, upon the same a rich Mantle of Cloth of Gold doubled Ermine, adorned with an Imperial Crown, and [Page 95] surmounted for a Crest by a Lyon Passant Gardant Crowned with the like; supported by [...] Lyon Rampant Gardant Or, Crowned as the former, and an unicorn Argent Gorged, with a Crown, thereto a Chain af­fixt passing between his fore­ [...]egs and reflext over his back Or, both standing upon a Com­partment placed underneath, and in the Table of the Com­partment His Majesties Royal Motto, Dieu & mon Droit.

The Supporters used before the Union of England and Scot­land were the Dragon and Lyon.

The Arms of France placed first, for that France is the greater Kingdom, and because from the first bearing, those Flowers have been alwayes En­signs of a Kingdom; whereas [Page 96] the Arms of England were o­riginally of Dukedoms as before­said.

The Motto upon the Garter, Honi soit qui mal y pense; that is, Shame be to him that evil thereof thinketh, was first gi­ven by Edward 3 the Foun­der of that Order, upon occasi­on as some have written of a Garter falling from the Countess of Kent and Salisbu­ry as she danced, and taken up by that King; whereat the Queen being jealous, or the Courtiers observing it, the King first uttered those words now upon the Garter, whereof the Order was soon after insti­tuted.

The Motto Dieu & mon Droit, that is, God and my Right, was first given by Richard [Page 97] the First, to intimate that the King of England holdeth his Empire not in Vassallage of a­ny mortal man, but of God on­ly; and after taken up by Ed­ward 3. when he first claimed the Kingdom of France.

King William the Conque­rour getting by right of Con­quest all the Lands of England (except Lands belonging to the Church,Patrimo­ny. to Monastenies, and Religious Houses) into his own hands in Demesne, as Lawyers speak, soon bestowed amongst his Subjects a [...] great part there­of, reserving some retribution of Rents and Services, or both to him and his Heirs Kings of England; which reservation, is now, as it was before the Con­quest, called the Tenure of [Page 98] Lands; the rest he reserved to himself in Demesne, called Co­ronae Regis Dominica, Domaines, and Sacra Patrimonia, Praedium Domini Regis, Directum Do­minum, cujus nullus est Author nisi Deus: all other Lands in England being held now of some Superiour, and depend mediately or immediately on the Crown; but the Lands possest by the Crown, being held of none, can escheat to none; being sacred, cannot be­come prophane: are or should be permanent and inalienable. Which Royal Domaines are (by Time, the Gift and Boun­ty of our Kings, and some Necessities for the preservation of the Weal Publick) too much alienated.

[Page 99] The Antient Dominions of the Kings of England, Domini­ons. were first, England and all the Seas round about Great Britain and Ireland, and all the Isles adja­cent, even too the Shores of all the Neighbour Nations; and our Law saith the Sea is of the Ligeance of the King, as well as the Land: and as a mark thereof, all ships of Foreigners have antiently demanded leave to fish and pass in these Seas, and do at this day Lower their Top-sailes to all the Kings Ships of War.

To England Henry 1. an­next Normandy, and Henry 2. Ireland, being stiled only Lord of Ireland till 33 H. 8. al­though they had all Kingly Ju­risdiction before.

[Page 100] Henry 2. also annext the Dukedomes of Guien and An­jou, the Counties of Poictou, Turein, and Mayn. Edward the First all Wales, and Ed­ward the Third the Right, though not the Possession of all France.

King James added Scotland, and since that time there have been super-added sundry con­siderable Plantations in Ame­rica.

The Dominions of the King of England are at this day in Possession (besides his just Right and Title to the King­dom of France) all England, Scotland, and Ireland, Three Kingdoms of large extent, with all the Isles, above 40 in number small and great; where­of some very considerable: and [Page 101] all the Seas adjacent. Moreo­ver the Islands of Jersey, Garnsey, and Alderny, Parcel of the Dutchy of Normandy; besides those profitable Plan­tations of New England, Vir­ginia, Barbados, Jamaica, Florida, Bermudos; besides se­veral other Isles and Places in those Quarters, and some in the East Indies and upon the Coast of Africa; also upon the main land of America, by right of first discovery; to E­stoit land, Terra Corterialis, New found Land, Novum Bel­gium, Guiana, the King of England hath a Legal Right, though not Possession.

Rex Angliae est Persona mixta cum Sacerdote, Person. say our Lawyers. He is a Priest as well as a King.

[Page 102] He is anointed with Oyle, as the Priests were at first, and af­terward the Kings of Israel; to intimate that his Person is Sa­cred and Spiritual: and there­fore at the Coronation hath put upon him a Sacerdotal Garment called the Dalmatica, &c. and before the Reforma­tion of England, when the Cup in the Lords Supper was denied to the Laity, the King as a Spiritual Person received in both kinds: He is capable of Spiritual Jurisdiction, of hold­ing of Tythes, all Extra-Paro­chial Tythes some Proxies, and other Spiritual Profits be­long to the King, of which Laymen both by Common and Canon Law are pronoun­ced uncapable.

[Page 103] He is an External Bishop of the Church, as Constantine the Emperour said of himself, [...]; But I am con­stituted Bishop for external things of the Church.

He is as the Roman Empe­rours Christian as well as Hea­then stiled themselves, Ponti­fex Max. He is the Supreme Pastor of England, and hath not only Right of Ecclesiastical Government, but also of Exerci­sing some Ecclesiastical Functi­on so far as Solomon did, 1 Kings 8. when he blessed the People, consecrated the Temple, and pronounced that Prayer which [Page 104] is the Pattern now for Conse­cration of all Churches and Chappels; but all the Ministe­rial Offices are left to the Bi­shops and Priests, as the deter­minination of Causes are to the Kings Judges, although the King may himself sit in Judge­ment, if the Affairs of State did not alwayes require his Presence at the Helme; and the Admini­stration of Sacraments, Preach­ing, and other Church Offices and Duties to the Bishops and their Ordained Clergy.

Of this Sacred Person of the King, of the life and safety there­of, the Laws and Customs of England are of tender, that they have made it High Treason, one­ly to imagine or intend the death of the King. And because by imagining or conspiring the [Page 105] death of the Kings Counsellors or Great Officers of his Houshold, the destruction of the King hath thereby sometimes ensued, and is usually aimed at (saith Stat. 3 H. 7.) that also was made felony, to be punisht with death, although in all o­ther Cases Capital the Rule is Voluntas non reputabitur pro fa­cto; and an English Man may not in other Cases be punisht with death, unless the Act fol­low the Intent.

The Law of England hath so high esteem of the Kings Per­son, that to offend against those Persons and those things that represent his Sacred Per­son, as to kill some of the Crown Officers or the Kings Judges executing their Office, or to counterfeit the Kings [Page 106] Seals, or his Moneys, is made High Treason; because by all these the Kings Person is repre­sented: and High Treason is in the Eye of the Law so horrid, that besides loss of Life and Honour, Real and Personal Estate, to the Criminal, his Heirs also are to lose the same for ever, and to be ranked a­mongst the Peasantry and Ig­noble, till the King shall please to restore them. Est enim tam grave crimen (saith Bracton) ut vix permittitur haeredibus qu [...]d vivant. High Treason is so grievous a Crime, that the Law not content with the Life and Estate and Honour of the Criminal, can hardly endure to see his heirs survive him,

And rather than Treason a­gainst the Kings Person shall go [Page 107] unpunisht, the Innocent in some Cases shall be punished; for if an Idiot or Lunatick (who cannot be said to have any will, and so cannot offend) du­ring his Idiocy or Lunacy, shall kill, or go about to kill the King, he shall be punisht as a Traytor; and yet being Non compos mentis, the Law holds that he cannot commit Felony or Petit Treason, not other sorts of High Treason.

Moreover, for the precious regard of the Person of the King, by an Antient Record it is declared, that no Physick ought to be administred to him, without good Warrant, this Warrant to be made by the Advice of his Council; no o­ther Physick but what is menti­oned in the Warrant ro be ad­ministred [Page 108] to him; the Physitians to prepare all things with their own hands, and not by the hands of any Apothecary; and to use the assistance only of such Chyrurgeons as are prescribed in the Warrant.

And so precious is the Person and Life of the King, that e­very Subject is obliged and bound by his Allegeance to defend his Person in his Natural aswell as Politick Capacity with his own Life and Limbs; wherefore the Law saith that the life and member of every Subject is at the service of the Soveraign. He is Pater Patriae & Dulce erit pro Patre Patriae mori, to lose life or limb in de­fending him from Conspiracies, Rebellions, or Invasions, or in the Execution of his Laws, [Page 109] should seem a pleasant thing to every loyal hearted Subject.

The Office of the King of England, Office. (according to the Learned Fortescue) is, Pugnare bella populi sui & eos rectissime judicare. To fight the Battels of his People, and to see Right and Justice done unto them.

Or (according to another) it is to protect and govern his People, so that they may (if possible) lead quiet and peacea­ble lives in all Godliness and Honesty under him.

Or more particular (as is promised at the Coronation) to preserve the Rights and Pri­viledges of the Church and Clergy, the Royal Prerogatives belonging to the Crown, the Laws and Customs of the Realm, [Page 110] to do Justice, shew Mercy, and keep Peace and Vnity, &c.

The King for the better per­formance of this great and weighty Office, Power and Pre­rogative. hath certain Jura Majestatis, extraordina­ry Powers, Preeminencies, and Priviledges, inherent in the Crown, called antiently by Lawyers Sacra Sacrorum, and Flowers of the Crown, but com­monly Royal Prerogatives; whereof some the King holds by the Law of Nations, others by Common Law (excellent a­bove all Laws in upholding a free Monarchy and exalting the Kings Prerogative) and some by Statute Law.

The King only and the King alone, by his Royal Preroga­tive, hath Power without Act [Page 111] of Parliament to declare War, make Peace, send and receive Ambassadours, make Leagues and Treaties with any Foreign States, give Commissions for levying Men and Arms by Sea and Land, or for pressing Men if need require, dispose of all Magazines, Ammunition, Ca­stles, Fortresses, Ports, Havens, Ships of War, and Publick Mo­neys; hath the sole Power to coyn Money, appoint the Met­tal, Weight, Purity, and Value thereof, and by his Proclamati­on make any Foreign Coyn to be lawful Money of England.

By his Royal Prerogative may of his meer Will and Plea­sure Convoke, Adjourn, Pro­rogue, Remove, and Dissolve Parliaments; may to any Bill passed by both Houses of Parli­ament, [Page 112] refuse to give (without rendring any reason) his Royal Assent, without which a Bill is as a Body without a Soul. May at pleasure encrease the number of the Members of both Houses, by creating more Barons and bestowing Privi­ledges upon any other Towns to send Burgesses to Parliament. May call to Parliament by Writ whom he in his Princely Wisdome thinketh fit, and may refuse to send his Writ to o­thers that have sate in former Parliaments. Hath alone the choice and nomination of all Commanders and other Officers at Land and Sea, the choice and nomination of all Magi­strates, Counsellors, and Offi­cers of State, of all Bishops and other High Dignities in the [Page 113] Church, the bestowing of all [...]onours both of higher and of [...]wer Nobility of England, [...]he Power of determining Re­ [...]ards and Punishments.

By His Letters Patents may [...]ect new Counties, Bishopricks, [...]niversities, Cities, Burroughs, [...]lledges, Hospitals, Schools, [...]airs, Markets, Courts of Ju­ [...]ice, Forests, Chases, Free [...]arrens, &c.

The King by his Prerogative [...]th power to enfranchise an [...]lien and make him a Denison, [...]hereby he is enabled to pur­ [...]ase Leases of Houses and [...]ands, and to bear some Offi­ [...]es. Hath power to grant Let­ [...]rs of Mart or Reprisal.

The King by his Preroga­ [...]ive hath had at all times the [...]ight of Purveyance or Pre­emption [Page 114] of all sorts of Victua [...] neer the Court, and to tal [...] Horses, Carts, Boats, Ships for his Carriages at reasonab [...] rates; also by Proclamation [...] set reasonable rates and pric [...] upon Flesh, Fish, Fowl, Oa [...] Hay, &c. which his Majes [...] now raigning was pleased to ex­change, and in liew thereof [...] accept of some other recom­pence.

Debts due to the King are the first place to be satisfied, [...] case of Executorship and Admi [...] ­nistratorship; and until th [...] Kings Debt be satisfied, he ma [...] Protect the Debtor from the ar­rest of other Creditors.

May distrain for the who [...] rent upon one Tenant that hold [...] ­eth not the whole land; ma [...] require the Ancestors Debt [...] [Page 115] [...]he Heir, though not especi­ [...]ly bound, is not obliged to [...]mand his rent as others are. [...]ay sue in what Court he [...]ease, and distrain where he [...].

No Proclamation can be [...]ade but by the King.

No Protection for a Defen­ [...]ant to be kept off from a Suit, [...]t by him, and that because [...] is actually in his Service.

He only can give Patents, in [...]se of losses by Fire, to re­ [...]ive the Charitable Benevolen­ [...]s of the People; without [...]hich no man may ask it pub­ [...]kly.

No Forest, Chase, or Park [...] be made, nor Castle to be [...]uilt, without the Kings Au­ [...]ority.

[Page 116] The sale of his Goods in a open Market will not take awa [...] his property therein.

His Servants in ordinary a [...] priviledged from serving in an Offices▪ that require their at­tendance, as Sheriff, Consta­ble, Churchwarden▪ &c.

All Receivers of Money for the King, or Accompta [...] to him for any of his Revenue [...] their Persons, Lands, Goods Heirs, Executors, Administra­tors, are chargeable for th [...] same at all times; for, Nullu [...] tempus occurrit Regi.

His Debtor hath a kind [...] Prerogative remedy by a Q [...] ­minus in the Exchequer a­gainst all other Debtors, or a­ny against whom they have an [...] Cause of Personal Action supposing that he is thereb [...] [Page 117] [...]isabled to pay the King: and [...] this Suit the Kings Debtor [...]eing Plaintiff, hath some Pri­ [...]iledges above others.

In Doubtful Cases, Semper [...]aesumitur pro Rege.

No Statute restraineth the King, except he be especially [...]amed therein. The quality of his Person alters the Descent of Gavelkind, the Rules of Joynt Tenaney; no Estopel can bind him nor Judgment final in a Writ of Right.

Judgments entred against the Kings Title, are entred with a Salvo Jure Domini Regis, that if at any time the Kings Coun­cil at Law can make out his Title better; that Judgement shall not prejudice him, which is not permitted to the Subject.

[Page 118] The King by his Prerogativ [...] may demand reasonable Aid Money of his▪ Subjects to Knigh [...] his Eldest Son at the Age of 15 and to marry his Eldest Daughter at the Age of [...] years, which reasonable Aid is Twenty Shillings for every Knights Fee, and as much for every Twenty Pound a year in Socage. Moreover, if the King be taken Prisoner; Aid Money is to be paid by the Subjects to set him at liberty.

The King upon reasonable causes him thereunto moving may protect any man against Suits at Law, &c.

In all Cases where the King is party, his Officers with an arrest by force of a Process at Law may enter (and if entrance be denied) may break open the [Page 119] [...]ouse of any man, although [...]ery mans House is said to be [...] Castle, and hath a privi­ [...]dge to protect him against all [...]her Arrests.

A Benefice or Spiritual Li­ [...]ng is not full against the King [...] Institution only, without In­ [...]ction, although it be so against Subject.

None but the King can hold [...]ea of false judgments in the [...]ourt of his Tenants.

The King of England by his [...]rerogative is Summus Regni [...]ustos, and hath the Custody [...]f the Persons and Estates of [...]uch as for want of understanding [...]annot govern themselves [...] or [...]erve the King; so the Persons [...]nd Estates of Ideots and Lu­ [...]aticks are in the Custody of [...]he King, that of Ideots to [Page 120] his own use, and that of Lu [...] ­naticks to the use of the nex [...] Heir. So the Custody or Ward [...]ships of all such Infants who [...] Ancestors held their Lands b [...] Tenure in Capite or Knight service, were ever since th [...] Conquest in the Kings of Eng­land, to the great honour an [...] benefit of the King and King [...]dom, though some abuse [...] made some of the people out [...] love with their good, and th [...] Right of that part of his ju [...] Prerogative.

The King by his Preroga­tive is Ultimus Haeres Regni and is (as the Great Ocean is [...] all Rivers) the receptacle of a [...] Estates when no Heir appears for this cause all Estates fo [...] want of Heirs or by forfeiture revert or escheat to the King▪ [Page 121] All spiritual Benefices for want of Presentation by the Bishop, is lapsed at last to the King; all Treasure Trove (that is, Mo­ney, Gold, Silver, Plate, or Bullion, found, and the Ow­ner unknown) belongs to the King; so all Wayfs, Strays, Wrecks, not granted away by him or any former Kings; all Wast ground or Land recovered from the Sea; all Lands of A­liens dying before Naturaliza­tion or Denization, and all things whereof the property is not known. All Gold and Silver Mines in whosoever ground they are found; Royal Fishes, [...]s Whales, Sturgeons, Dolphins, &c. Royal Fowl, as Swans, not markt and swimming at liberty on the River, belong to the King.

[Page 122] In the Church the Kings Pre­rogative and Power is extraor­dinary great. He only hath the Patronage of all Bishopricks, none can be chosen but by his Conged' Estier, whom he hath first nominated; none can be consecrated Bishop or take pos­session of the Revenues of the Bishoprick without the Kings special Writ or Assent. He is the Guardian or Nursing Fa­ther of the Church, which our Kings of England did so reckon amongst their principal cares, as in the 23th year of King Ed­ward the First it was alledg­ed in a pleading and allowed. The King hath power to call a National or Provincial Synod, and by Commissioners or by his Metropolitanes in their se­veral Jurisdictions to make Ca­nons, [Page 123] Orders, Ordinances, and Constitutions, to introduce into the Church what Ceremonies he shall think fit; reform and cor­rect all Heresies, Schismes, and punish Contempts, &c. and therein and thereby to declare what Doctrines in the Church are fit to be publisht or professed, what Translation of the Bible to be allowed, what Books of the Bible are Canonical and what Apocryphal, &c.

In 28 of Eliz. when the House of Commons would have passed Bills touching Bishops granting Faculties, conferring Holy Orders, Ecclesiastical Cen­sures, the Oath Ex Officio, Non Residency, &c. the Queen much incensed, forbad them to med­dle in any Ecclesiastical Affairs, for that it belonged to her Pre­rogative, &c.

[Page 124] The King hath power to par­don the violation of Ecclesiasti­cal Laws, or to abrogate such as are unfitting or useless; to di­spense with the Rigour of Ec­clesiastical Laws, and with any thing that is only prohibitum & malum per accidens & non ma­lum in se; as for a Bastard to be a Priest, for a Priest to hold two Benefices, or to succeed his Fa­ther in a Benefice, or to be Non Resident, &c.

Hath power to dispense with some Acts of Parliament, Pe­nal Statutes, by Non Obstan­tes, where himself is only con­cerned; to moderate the rigor of the Laws according to Equi­ty and Conscience, to alter or suspend any particular Law, that he judgeth hurtful to the Commonwealth; to grant spe­cial [Page 125] Priviledges and Charters to any Subject, to pardon a man by Law condemned; to inter­pret by his Judges Statutes, and in Cases not defined by Law, to determine and pass Sentence.

And this is that Royal Pre­rogative which in the hand of a King is a Scepter of Gold, but in the hands of Subjects is a Rod of Iron.

This is that Jus Coronae, a Law that is parcel of the Law of the Land, part of the Com­mon Law, and contained in it, and hath the precedence of all Laws and Customs of England; and therefore void in Law is e­very Custom quae exaltat se in Praerogativam Regis.

Some of these Prerogatives, especially those that relate to Justice and Peace▪ are so essen­tial [Page 126] to Royalty, that they are for ever inherent in the Crown, and make the Crown: they are like the Sun-beams in the Sun, and as inseparable from it; and therefore it is held by great Lawyers that a Prerogative in point of Government cannot be restrained or bound by Act of Parliament, but is as unaltera­ble as the Laws of the Medes and Persians: wherefore the Lords and Commons (Rot. Parl. 42. Edw. 3. num. 7.) de­clared that they could not as­sent in Parliament to any thing that tended to the disherison of the King and the Crown, whereunto they were sworn; no though the King should de­sire it: and every King of Eng­land as he is Debitor Justitiae to his people, so is he in con­science [Page 127] obliged to defend and maintain all the Rights of the Crown in possession, and to endeavour the recovery of those whereof the Crown hath been dispossest, and when any King hath not religiously observed his duty in this point, it hath proved of very dreadful conse­quence; as the first fatal blow to the Church of England was given when Hen. 8. waving his own Royal Prerogative, refer­red the redress of the Church to the House of Commons (as the Lord Herbert observes Hist. Hen. 8.) So the greatest blow that ever was given to Church and State, was when the late King parting with his absolute Power of dissolving Parliaments gave it (though only pro ill [...] vice) to the Two [Page 128] Houses of Parliament. And in­deed it greatly concerns all Sub­jects (though it seem a Para­dox) to be far more solicitous that the King should maintain and defend his own Prerogative and Preeminence, than their Rights and Liberties; the truth whereof will appear to any man that sadly considers the mis­chiefs and inconveniencies that necessarily follow the diminuti­on of the Kings Prerogative a­bove all that can be occasi­oned by some particular in­fringements of the Peoples Li­berties. As on the other side it much concerns every King of England to be very careful of the Subjects just Liberties, ac­cording to that Golden Rule of the best of Kings Charles I, That the Kings Prerogative is to [Page 129] defend the Peoples Liberties, and the Peoples Liberties strengthen the Kings Preroga­tive.

Whatsoever things are pro­per to Supreme Magistrates, Suprema­cy and Sove­raignty. as Crowns, Scepters, Purple R [...]be, Golden Globe, and Holy Uncti­on, have as long appertained to the King of England as to any other Prince in Europe. He holdeth not his Kingdom in Vassallage, nor receiveth his Investiture or Installment from another. Acknowledgeth no Superiority to any but God on­ly. Not to the Emperour, for Omnem Potestatem habet Rex Angliae in Regno suo quam Impe­rator vendicat in Imperio; and therefore the Crown of Eng­land hath been declared in Par­liaments [Page 130] long ago to be an Im­perial Crown, and the King to be an Emperour of England and Ireland, and might wear an Im­perial Crown, although he choseth rather to wear a Tri­umphant Crown, such as was anciently worn by the Empe­rours of Rome, and that be­cause his Predecessors have tri­umpht, not only over Five Kings of Ireland, but also over the Welsh, Scottish, and French Kings.

He acknowledgeth onely Precedence to the Emperour, Eo quod Antiquitate Imperium omnia Regna superare creditur.

As the King is [...] in the State, so he is [...] in the Church. He acknow­ledgeth no Superiority to the Bishop of Rome, whose long ar­rogated [Page 131] Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null, and the King of England de­clared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Ci­vil, Supreme Head and Gover­nour.

The King is Summus totius Ecclesiae Anglicanae Ordinarius, Supreme Ordinary in all the Dioceses of England [...], and for his Su­perintendency over the whole Church, hath the Tenths and First-Fruits of all Ecclesiasti­cal Benefices.

The King hath the Supreme Right of Patronage over all England, called Patronage Pa­ramount over all the Ecclesia­stical [Page 132] Benefices in England; so that if the mean Patron as afore­said present not in due time, nor the Ordinary, nor Metro­politan, the Right of Presen­tation comes to the King, be­yond whom it cannot go. The King is Lord Paramount, Su­preme Landlord of all the Lands of England, and all landed men are mediately or immediately his Tenants by some Tenure or other, for no man in England but the King hath Allodium, Directum Domi­num, the sole and independent Property or Domain in any Land, He that hath the Fee the Jus perpetuum and Utile Domi­nium, is obliged to a duty to his Soveraign for it; so it is not sim­ply his own, he must swear fe­alty to some Superiour.

[Page 133] The King is Summus totius Regni Anglicani Justitiarius, Supreme Judge, or Lord Chief Justice of all England. He is the Fountain from whence all Justice is derived, no Subject having here as in France, Haute moyenne & basse Justice. He only hath the Soveraign power in the Administration of Ju­stice, and in the Execution of the Law, and whatsoever pow­er is by him committed to o­thers, the dernier resort is still remaining in himself; so that he may sit in any Court, and take Cognisance of any Cause (as antiently Kings sate in the Court now called the Kings Bench, Henry the Third in his Court of Exchequer, and Hen. 7. and King James some­times in the Star-Chamber) ex­cept [Page 134] in Felonies, Treasons, &c. wherein the King being Plaintiff and so Party, he sits not personally in Judgement, but doth performe it by Dele­gates.

From the King of England there lies no Appeal in Ecclesi­astical Affairs to the Bishop of Rome, as it doth in other prin­cipal Kingdoms of Europe, nor in Civil Affairs to the Emperour, as in some of the Spanish and o­ther Dominions of Christen­dom; nor in either to the Peo­ple of England (as some of late have dreamt) who in them­selves, or by their Representa­tives in the House of Com­mons in Parliament, were ever Subordinate and never Superiour, nor so much as Co-ordinate to the King of England.

[Page 135] The King being the onely Soveraign and Supreme Head, is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions; where­as some Neighbour Kings do want a full power to do Justice in all Causes to all their Sub­jects, or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical.

In a word, Rex Angliae nemi­nem habet in suis Dominiis Supe­riorem nec Parem sed omnes sub illo, ille sub nullo nisi tantùm sub Deo, a quo secundus, post quem primus, ante omnes & super om­nes (in suis ditionibus) Deos & Homines.

[Page 136] The Title of Dii or Gods, Divinity. plurally is often in Holy Writ by God himself attributed to Great Princes, because as Gods Vicars or Vice-dei upon Earth, they represent the Majesty and Power of the God of Heaven and Earth: and to the end that the people might have so much the higher esteem and more re­verend awfulness of them; for if that fails, all Order fails; and thence all Impiety and Calamity follows.

The Substance of the Titles of God was also used by the Antient Christian Emperours, as Divinitas nostra & Aeterni­tas nostra, &c. as imperfectly and analogically in them, though essentially and perfectly only in God; and the good Christians [Page 137] of those times out of their ex­cess of respect, were wont to swear by the Majesty of the Emperour (as Joseph once by the life of Pharaoh) and Vege­ [...]ius a learned Writer of that Age seems to justifie it; Nam Imperatori (saith he) tanquam praesenti & corpoarli Deo fidelis est praestanda Divotio & pervi­gil impendendus famulatus; De [...] enim servimus cum fideliter di­ligimus cum, qui Deoregnat Au­tore.

So the Laws of England looking upon the King as a God upon earth, do attribute unto him divers excellencies that belong properly to God alone, as Justice in the Ab­stract; Rex Angliae non potest cuiquam injuriam facere. So al­so Infallibility, Rex Angliae non [Page 138] potest errare. And as God is perfect, so the Law will have no Imperfection found in the King.

No Negligence or Laches, no Folly, no Infamy, no stain or corruption of blood; for by taking of the Crown all for­mer though just Attainders, and that by Act of Parliament i [...] ipso facto pu [...]ged. No Nonage or Minority, for his Grant of Lands, though held in his Na­tural not Politick Capacity, cannot be avoided by Nonage▪ Higher than this the Law at­tributeth a kind of immortali­ty to the King, Rex Angliae non moritur; his Death is in Law termed the Demise of the King, because thereby the Kingdom is demised to ano­ther: He is said not subject to [Page 139] Death, because he is a Corpo­ration in himself that liveth for ever, all Interregna being in England unknown, the same moment that one King dies, the next Heir is King fully and absolutely without any Corona­tion, Ceremony, or Act to be done ex post facto.

Moreover, the Law seem­eth to attribute to the King a certain Omnipresency, that the King is in a manner every where, in all his Courts of Ju­stice, and therefore cannot be non-suited (as Lawyers speak) in all his Palaces, and therefore all Subjects stand bare in the Presence Chamber, wheresoever the Chair of State is placed, though the King be many miles distant from thence. He hath a kind of universal influ­ence [Page 140] over all his Dominions, e­very soul within his Territories may be said to feel at all times his Power and his Goodness, Om­nium Domos Regis Vigilia de­fendit, Omnium Otium illius Labor, Omnium Delicias illius Industria, Omnium vacationem illius Occupatio, &c.

So a kind of Omnipotency, that the King can as it were raise men from death to life, by pardoning whom the Law hath condemned; can create to the highest Dignity and annihilate the same at pleasure.

Divers other semblances of the Eternal Deity belong to the King. He in his own Do­minions (as God) saith Vin­dicta est mihi, for all punish­ments do proceed from him in some of his Courts of Justice, [Page 141] and it is not lawful for any Sub­ [...]ect to revenge himself.

So he onely can be Judge in his own Cause, though he de­ [...]ver his Judgement by the Mouth of his Judges.

And yet there are some [...]hings that the King of Eng­land cannot do. Rex Angliae [...]ihil injuste potest, and the King cannot devest himself or his Successors of any part of his Regal Power, Prerogative, and Authority inherent and annext to the Crown: not that there [...]s any defect in the Kings Pow­er (as there is none in Gods Power, though he cannot lie, nor do any thing that implies Contradiction:) not but that the King of England hath as ab­solute a power over all his Sub­ [...]ects as any Christian Prince [Page 142] rightfully, and lawfully hath o [...] ever had: not but that he still hath a kind of Omnipotency no [...] to be disputed, but adored by his Subjects; Nemo quidem [...] factis ejus praesumat disputar [...] (saith Bracton) multo minu [...] contra factum ejus ire, nam d [...] Chartis & Fact is ejus non deben [...] ne [...] possunt Justiciarii mult [...] minus privatae personae dispu­tare. Not but that the King may do what he please, with­out either opposition or resist­ance, and without being que­stioned by his Subjects; for the King cannot be impleaded for any Crime; no Action lieth a­gainst his Person, because the Writ goeth forth in his own Name, and he cannot arrest himself. If the King should seize his Subjects Lands (which [Page 143] God forbid) or should take a­way his Goods, having no Title by Law so to do, there is no remedy. Onely this, Locus erit (saith the same Bra­cton) supplicationi quod factum suum corrigat & emendet, quod quidem si non fecerit, sufficit ei [...]d paenam quod Dominum Dèum expectet Vltorem. There may be Petitions and Supplications made that His Majesty will be pleased to rule according to Law, which if he shall refuse to do, it is sufficient that he must expect that the King of Kings will be the Avenger of Oppressed Loyal Subjects.

But there are also divers things which the King cannot do, Salvo jure, Salvo Juramen­to, & Salvâ Conscientia sua. Because by Oath at his Coro­nation, [Page 144] and indeed without a­ny Oath, by the Law of Na­ture, Nations, and of Christia­nity; he holds himself bound (as do all other Christian Kings) to protect and defend his people, to do justice and to shew mercy, to preserve Peace and Quietness amongst them, to allow them their just Rights and Liberties, to consent to the Repealing of bad Laws, and to the Enacting of good Laws. Two things especially the King of England doth not usually do without the consent of his Subjects, viz. make New Laws, and raise New Taxes, there being something of Odium in both of them; the one seeming to diminish the Subjects Liberty, and the other his Property; therefore [Page 145] that all occasion of disaffecti­on towards the King (the Breath of our Nosthrils and the Light of our Eyes, as he is sti­led) might be avoided, it was most wisely contrived by our Ancestors that for both these should Petitions and Supplica­tions be first made by the Sub­ject.

These and divers other Pre­rogative rightfully belong and are enjoyed by the King of Eng­land.

Nevertheless the Kings of England usually govern this Kingdom by the ordinary known Laws and Customs of the Land (as the great God doth the World by the Laws of Nature) yet in some Cases for the benefit not damage of this Realm, they make use of [Page 146] their Prerogatives, as the King of Kings doth of his Extraor­dinary Power of Working of Miracles.

Lastly, To the Kings of England quatenus Kings, doth appertain one Prerogative that may be stiled super-excellent if not miraculous, which was first enjoyed by that pious and good King Edward the Confes­sor, which is by the touch to remove and to cure the Struma, that stubborn disease, com­monly called the Kings Evil.

In consideration of these and other transcendent Ex­cellencies, Respect. no King in Chri­stendom nor other Potentate receives from his Subjects more Reverence, Honour, and Re­spect, than the King of Eng­land. [Page 147] All his People at their first Addresses kneel to him, he is at all times served upon the Knee, all Persons (not the Prince or other Heir Apparant excepted) stand bare in the pre­sence of the King and in the Presence Chamber, though in the Kings absence. Only it was once indulged by Queen Mary for some eminent services performed by Henry Ratcliffe Earl of Sussex that (by Pa­tent) he might at any time be covered in her presence; but perhaps in imitation of the like liberty allowed by King Philip her Husband and other Kings of Spain to some of the prin­cipal Nobility there called Grandees of Spain.

Any thing or Act done in the Kings Presence is presumed [Page 148] to be void of all deceit and evil meaning; and therefore a Fine levied in the Kings Court, where the King is presumed to be present, doth bind a Feme Covert, a married Woman and others whom ordinarily the Law doth disable to transact.

The Kings only Testimony of any thing done in his pre­sence is of as high a nature and credit as any Record, and in all Writs sent forth for dispatch of Justice, he useth no other Witness but himself, viz. Te­ste me ipso.

THe King of England hath right to the Crown by Inheritance and the Laws and Customs of England.

Upon the Death of the King, the next of Kindred, though born out of the Domi­nions of England, or born of Parents not Subjects of Eng­land; as by the Law and many Examples in the English Histo­ries it doth manifestly appear: is and is immediately King be­fore any Proclamation, Coro­nation, Publication, or Con­sent of Peers or People.

[Page 150] The Crown of England de­scends from Father to Son and to his Heirs, for want of Sons to the Eldest Daughter and her Heirs, for want of Daughters to the Brother and his Heirs, and for want of Brother to the Sister and her Heirs. The Sa­lique Law or rather Custom of France, hath here no more force than it had anciently a­mong the Jews, or now in Spain and other Christian He­reditary Kingdoms. Among Turks and Barbarians that French Custom is still and ever was in use.

In Case of descent of the Crown (contrary to the Cu­stom of the descent of Estates among Subjects) the Half Blood shall inherit; so from King Edward the Sixth the [Page 151] Crown and Crown Lands de­scended to Queen Mary of the half blood, and again to Queen Elizabeth of the half blood to the last Possessor.

At the death of every King die not only the Offices of the Court, but all Commissions granted to the Judges durante beneplacito; and of all Justices of Peace.

If the King be likely to leave his Crown to an Infant,Minor. he doth usually by Testament ap­point the person or persons that shall have the tuition of him; and sometimes for want of such appointment, a fit per­son of the Nobility or Bishops is made choice of by the Three States assembled in the name of the Infant King, who by [Page 152] Nature or Alliance hath most Interest in the preservation of the Life and Authority of the Infant, and to whom least be­nefit can accrue by his Death or Diminution; as the Uncle by the Mothers side, if the Crown come by the Father, and so vice versa, is made Protector; so during the mino­rity of Edward 6. his Uncle by the Mothers side the Duke of Somerset had the tuition of him, and was called Protector: and when this Rule hath not been observed (as in the mino­rity of Edw. 5.) it hath proved of ill consequence.

If the King of England be Non compos mentis, [...]capa­ [...]ty. or by rea­son of an incurable disease, weakness, or old age, become [Page 153] uncapable of governing, then is made a Regent, Protector, or Guardian, to govern.

King Edward 3. being at last aged, sick, and weak, and by grief for the death of the Black Prince, sore broken in body and mind, did of his own will create his fourth Son John Duke of Lancaster Guar­dian or Regent of England.

If the King be absent upon any Foreign Expedition or o­therwise (which antiently was very usual) the Custom was to constitute a Vice-gerent by Commission under the Great Seal, Absence. giving him several Titles and Powers according as the necessity of affairs have requi­red; sometimes he hath been called Lord Warden or Lord [Page 154] of the Kingdom, and therewith hath had the general power of a King, as was practised du­ring the Absence of Edward the First, Second, and Third, and of Henry 5. but Henry 6. to the Title of Warden or Guar­dian added the Stile of Prote­ctor of the Kingdom and of the Church of England; and gave him so great power in his ab­sence, that he was tantum non Rex swaying the Scepter, but not wearing the Crown; execu­ting Laws, summoning Parli­aments under his own Teste as King, and giving his assent to Bills in Parliament, whereby they became as binding as any other Acts.

Sometimes during the Kings Absence the Kingdom hath been committed to the care of [Page 155] several Noblemen and some­time of Bishops, as less dange­rous for attempting any usur­pation of the Crown; some­times to one Bishop, as Hubert Archbishop of Canterbury was Viceroy of England for many years, and when Edward 3. was in Flanders (though his Son then but nine years old, had the Name of Protector) John Staf­ford Archbishop of Canterbury was Governour both of the Kings Son and of the Realm.

Lastly, Sometimes to the Queen, as two several times during the absence of Henry 8. in France.

THe Queen so called from the Saxon Konigin, [...]me. whereof the last syllable is pronounced as gheen in En­glish, it being not unusual to cut off the first Syllables, as an Almes-House is sometimes cal­led a Spital from Hospital.

She hath as high Preroga­tives, Dignity, and State, during the life of the King, as any Queen of Europe.

From the Saxon times the Queen Consort of England, [...]eroga­ [...]es. though she be an Alien born, and though during the life of [Page 157] the King she be femme covert (as our Law speaks) yet with­out any Act of Parliament for Naturalization or Letters Pa­ [...]ents for Denization, she may purchase Lands in Feesimple, make Leases and Grants in her own Name without the King; hath power to give, to sue, to contract, as a femme sole may receive by gift from her Hus­band, which no other femme [...]overt may do.

Had anciently a Revenue of Queen Gold or Aurum Reginae, as the Records call it, which was the tenth part of so much as by the Name of Oblata up­on Pardons, Gifts, and Grants, &c. came to the King.

Of later times hath had as large a Dower as any Queen in Christendome, hath her Royal [Page 158] Court apart, her Courts and Officers, &c.

The Queen may not be im­pleaded till first petitioned, shall not be amerced, if she be nonsuited as all other Subjects are; if she be Plaintiff, the Summons in the Process need not have the solemnity of 15 dayes, &c.

Is reputed the Second Per­son in the Kingdom.Dignity.

The Law setteth so high a value upon her as to make it High Treason to conspire her death, or to violate her Cha­stity.

Her Officers, as Attourney and Sollicitor, for the Queens sake have respect above others, and place within the Barre with the Kings Council.

[Page 159] The like honour, the like re­verence and respect that is due to the King, is exhibited to the Queen both by Subjects and Foreigners, and also to the Queen Dowager or Widdow Queen, who also above other Subjects loseth not her Digni­ty, though she should marry a private Gentleman; so Queen Katharine, Widdow to King Henry the Fifth, being married to Owen ap Theodore Esquire, did maintain her Action as Queen of England; much less doth a Queen by inheritance, or a Queen Soveraign of England, follow her Husbands condition, nor is subject as other Queens; but Soveraign to her own Hus­band, as Queen Mary was to King Philip.

THe Children of the King of England are called the Sons and Daughters of Eng­land, because all the subjects of England have a special inte­rest in them, though the whole power of Education, Marriage, and disposing of them is only in the King.

The Eldest Son of the King is born Duke of Cornwall, Eldest Son. and as to that Dutchy, and all the Lands, Honours, Rents, and great Revenues belonging thereunto, he is upon his Birth­day [Page 161] persumed and by law ta­ken to be of full age, so that he may that day sue for the Livery of the said Dukedom, and ought of right to obtain the same, as if he had been full 21 years of age. After­wards he is created Prince of Wales, whose Investiture is performed by the Imposition of a Cap of Estate and Coronet on his Head, as a Token of Principality, and putting into his Hand a Verge of Gold, the Emblem of Government, and a Ring of Gold on hs Finger, to intimate that he must be a Husband to his Countrey and Father to her Children. Also to him is given and granted Letters Patents to hold the said Principality to him and his Heirs Kings of England, by [Page 162] which words the separation of this Principality is prohibited.

From the day of his Birth he is commonly stiled the Prince, Title. a Title in England given to no other Subject. The Title of Prince of Wales is ancient and was first given by King Edward 1. to his Eldest Son; for the Welsh Nation till that time un­willing to submit to the yoke of strangers, that King so or­dered that his Queen was deli­vered of her first Child in Ca­ernarvan Castle in Wales, and then demanded of the Welsh, If they would be content to subject themselves to one of their own Nation, that could not speak one word of English, and against whose life they could take no just exception. Whereunto they [Page 163] readily consenting, the King nominated this his new born Son, and afterwards created him Prince of Wales, and be­stowed on him all the Lands, Honours, and Revenues be­longing to the said Principa­lity.

The Prince hath ever since been stiled Prince of Wales, Duke of Aquitaine and Corn­wall, and Earl of Chester and Flint, which Earldomes are al­wayes conferred upon him by his Patent, since the Union of England and Scotland his Title hath been Magnae Britanniae Princeps, but more ordinarily the Prince of Wales. As El­dest Son to the King of Scot­land he is Duke of Rothsay and Seneschal of Scotland from his Birth.

[Page 164] The King of Englands El­dest Son (so long as Norman­dy remained in their hands) was alwayes stiled Duke of Nor­mandy.

Antiently the Princes of Wales whilest they were Sove­raigns bare quarterly Gules and Or 4 Lyons passant gardant counterchanged. Arms.

The Arms of the Prince of Wales differ from those of the King only by addition of a La­bell of three points, and the Device of the Prince is a Coro­net beautified with three Ost­rich Feathers, inscribed with Ich dien, which in the German or old Saxon Tongue is I serve, alluding perhaps to that in the Gospel, The Heir whilest his Father liveth differeth not from a [Page 165] Servant. This Device was born at the Battel of Cressy by John King of Bohcmia, as ser­ving there under the King of the French, and there slain by Edward the Black Prince, and since worn by the Princes of Wales, and by the Vulgar cal­led the Princes Arms.

The Prince by our Law is reputed as the same Person with the King,Dignity. and so declared by a Statute of Henry 8. Cor­ruscat enim Princeps (say our Lawyers) radiis Regis Patris sui & censetur una persona cum ipso. And the Civilians say the Kings Eldest Son may be stiled a King.

He hath certain Priviledges above other Persons.Privi­ledges.

[Page 166] To imagine the death of the Prince, to violate the Wife of the Prince is made High Trea­son.

Hath heretofore had privi­ledge of having a Purveyor and taking Purveyance, as the King.

To retain and qualifie as ma­ny Chaplains as he shall please.

To the Prince at the Age of 15 is due a certain Aid of Mo­neys from all the Kings Te­nants and all that hold of him in Capite, by Knight Service, and Free Socage, to make him a Knight.

Yet as the Prince in nature is a distinct person from the King, so in Law also in some cases, He is a Subject, hold­eth his Principalities and Seig­nories of the King, giveth the [Page 167] same respect to the King as o­ther Subjects do.

The Revenues belonging to the Prince,Revenues since much of the Lands and Demesnes of that Dutchy have been aliened; are especially out of the Tinne Mines in Cornwall, which with all other profits of that Dutchy amount yearly to the summe of

The Revenues of the Prin­cipality of Wales surveyed 200 years ago was above 4680 l. yearly, a rich Estate according to the value of Money in those dayes.

At present his whole Reve­nues may amount to

Till the Prince come to be 14 years old, all things be­longing [Page 168] to the Principality o [...] Wales were wont to be disposed of by Commissioners consisting of some principal Persons of the Clergy and Nobility.

The Cadets or younger Son of England, Cadets. are created no [...] born Dukes or Earls of what Places or Titles the King plea­seth.

They have no certain Appa­nages as in France, but onely what the good pleasure of the King bestows upon them.

All the Kings Sons are Consi­lii nati, by Birth-right Coun­sellors of State, that so they may grow up in the weighty af­fairs of the Kingdom.

The Daughters of England are stiled Princesse, the eldest of which have an Aid or cer­tain [Page 169] rate of Money paid by e­very Tenant in Capite, Knight Service, and Soccage, to­wards her Dowry or Marriage Portion.

To all the Kings Children belong the Title of Royal Highness, All Subjects are to be uncovered in their presence, to kneel when they are admit­ted to kiss their hands, and at Table they are (out of the Kings Presence) served on the Knee.

The Children, the Brothers and Sisters of the King, if Plain­tiffs, the summons in the Pro­cess need not have the solemni­ty of 15 dayes, as in Case of other Subjects.

The Natural or Illegitimate Sons and Daughters of the King after they are acknow­ledged [Page 170] by the King take prece­dence of all the Nobles under those of the Blood Royal.

They bear what Surname the King pleaseth to give them, and for Arms the Arms of Eng­land with a Bend Sinister bor­der Gobionnee, or some other mark of illegitimation. Some Kings of England have ac­knowledged many, and had more illegitimate Sons and Daughters.

King Henry the First had no fewer than sixteeen illegitimate Children.

Henry the Eighth amongst others had one by Elizabeth Blount, named Henry Fitzroy, created by him Duke of Somer­set and Richmond Earl of Not­ingham, and Lord High Admi­ral of England, Ireland, and Aqui­tain.

THe King now raigning is CHARLES the Second of that Name.Name. His Name of Baptisme Charles in the German Tongue signi­fies one of a Masculine strength or vertue.

[Page 172] The Royal and also the most princely and antient Families of Europe at this day have pro­perly no Surnames, Surname. for neither is Burbon the Surname, but the Title of the Royal Family of France, nor Austria of Spain, nor Stuart of England, since the coming in of King James; nor Theodore or Tudor for his 5 immediate Ancestors in England, nor Plantagenet for 11 Generations before, as some vainly think; for al­though Geffery Duke of Anjou was surnamed Plantagenet from a Broom Stalk commonly worn in his Bonnet, yet his Son H. 2. King of England was surnamed Fitz-empresse, and his Son Richard Coeur de Lion: So Owen Grandfather to King Henry 7. [Page 173] was ap Meredith, and he ap Theodore, pronounc'd Tyder; Surnames being then but little in use amongst the Cambrobri­tans. So Walter Father to Ro­bert King of Scotland, from whom our present King is de­scended, was only by Office Grand Seneschal. or High Stew­ard, or Stuart of Scotland, though of later times by a long vulgar errour it hath so prevail­ed, that they are accounted Sur­names of many Families de­scended from him.

Steward is a Contraction from the Saxon word Stede­ward, that is in Latine Locum­tenens, in French Lieu-tenant; because the Lord High Stew­ard was Regis Locum tenens, a Name not unfit for any King, who is Dei Locum tenens, Gods [Page 174] Stuart or Lieutenant or Vice­gerent upon Earth.

The King now raigning is Son to King Charles the Mar­tyr and the Princess Henretta Maria, Genea­logy. Daughter of King Henry the Great of France; from which two Royal Stocks he hath in his Veins all the Royal Blood of Europe concen­tred.

Is descended lineally and lawfully from the British, Sax­on, Danish, Norman, and Scot­tish Kings and Princes of this Island.

From the first British King the 139th Monarch, from the Scottish in a continued Successi­on for almost 2000 years the 109th, from the Saxon the 46th, and from the first of the [Page 175] Norman Line the 26th King. So that for Royal Extraction and long Line of just Descent, his Majesty now raigning ex­cells all the Monarchs of all the Christian, if not of the whole, World.

Is the first Prince of Great Britain so born, and hath in pos­session larger Dominions than any of his Ancestors.

He was born the 29th of May 1630.Birth. at the Royal Palace of St. James, over which House the same day at Noon was by thousands seen a star, and soon after the Sun suffered an E­clipse, a sad presage as some then divined that this Princes Power should for some time be eclipsed; and some subject [Page 176] signified by a star, should have extraordinary splendor.

Was christened the 27th June following by the then Bishop of London Doctor Land. Baptisme

Had for Godfathers his two Uncles Lewis the 13th King of France, and Frederick Prince Palatine of the Rhine, then called King of Bohemia, re­presented by the Duke of Rich­mond and Marquiss Hamilton; his Godmother being his Grandmother, then Queen Mother of France, represented by the Dutchesse of Rich­mond.

Had for Governess Mary Countess of Dorset, Wife to Edward Earl of Dorset. In May 1638 he was first knighted, and [Page 177] immediately after he was made Knight of the Garter, and in­stalled at Windsor.

About this time by Order,Court. not Creation, he was first cal­led Prince of Wales, and had all the profits of that Princi­pality, and divers other lands annexed, and Earldom of Che­ster granted unto him, and held his Court apart from the King.

At the Age of Eight he had for Governour the Earl,Educati­on. after­wards Marquiss, and now Duke of Newcastle, and for Tutor or Preceptor Doctor Duppa, then Dean of Christchurch, af­ter Bishop of Salisbury, and lately of Winchester.

[Page 178] At the Age of 12 was with the King his Father at the Bat­tel of Edge-hill, and soon af­ter at Oxford was committed to the care of the Marquiss of Hertford.

About 14 years old was in the Head of an Army in the West of England.

At the Age of 15 a Marri­age was proposed between him and the Eldest Daughter of the King of Portugal, the Infanta Joanna, since deceased.

Two years after was from Cornwall transported to the Isle of Scilly, and after to Jersey, and thence to his Royal Mo­ther to St. Germains near Paris.

In 1648 was at Sea with some Naval Forces, endeavouring to rescue the King his Father, [Page 179] then in the Isle of Wight, out of the wicked hands of his re­bellious Subjects. Not many moneths after, upon the sad News of the horrid Murther of his Royal Father, he was in Holland first saluted King, and soon after proclaimed in Scot­land, being not yet 19 years of Age.

At the Age of 20 from Hol­land he landed in Scotland, June 1650, and in Janua­ry following was crowned at Scoon.

The 3d of September 1651 fought the Battel of Worcester, whence after the unfortunate loss of his whole Army, wan­dring in disguise about England for six weeks, he was at length transported from a Creek near Shoram in Sussex to Fecam near [Page 180] Havre de Grace in France; in which Kingdom, with his Roy­al Brothers, and divers English Nobility, Clergy and Gentry, he was for some years received and treated as King of England, and by his mediations and inte­rest with the Prince of Conde and Duke of Lorraine, then in the Head of two great and mighty Armies against the French King, quenched the then newly kindled fires of a great and universal rebellion a­gainst him, much resembling that of England; and was a means of recalling the then fled and banished Cardinal Ma­zarine: After which in Ger­many, Flanders, Spain, &c. he passed the residue of his time in the Studies and Exer­cises most befitting a Prince, [Page 181] in solliciting the Aid of Chri­stian Princes, and in advising and vigorously promoting the several attempts of his Friends in England; until the year 1660, at which time being at Brussells within the Spanish Territories, and perceiving a general incli­nation and disposition of all England to receive him, he providently removed himself to Breda, within the Dominions of the United Netherlands, in the moneth of April, and thence in May to the Hague; from whence, after a magnificent Entertainment and an humble Invitation by English Commis­sioners sent from the then Con­vention at Westminster, he em­barkt at Schevling the 23th of May 1660, and with a gallant English Fleet and a gentle gale [Page 182] of Wind, landed the 25th at Dover, and on the 29th follow­ing, being his Birth-day, and then just 30 years of Age, he entred into London, and was there received with the greatest and most universal Joy and Acclamations and Magnificence that could pos­sibly be expressed on so short a warning.

On the first of June follow­ing His Majesty fate in Parlia­ment, and on the 22th of A­pril 1661 rode in triumph from the Tower to Westminster; on the next day, being St. Georges, was crowned with great Cere­mony.

On the 28th of May follow­ing declared to his Parliament his Resolution to marry the In­fanta of Portugal, Marri­age. who accor­dingly [Page 183] in May 1662, being landed at Portsmouth was there espoused to the King by the then Bishop of London, now Archbishop of Canterbury.

DONNA CATHERI­NA Infanta of Portu­gal being Queen Con­sort of England, and the Se­cond Person in the Kingdom, was Daughter of Don Juan the Fourth of that Name, King of Portugal, descended from our English John of Gaunt, Duke of Lancaster and King of Castile, and Jean Fourth Son of Edward the third King of [Page 184] England, and of Donna Lucia Daughter of Don Guzman el bueno a Spaniard, Duke of Medina Sidonia, who was line­ally descended from Ferdinando de la Cerde and his Consort Blanche, to whom St. Lewis King of France her Father re­linquisht his Right and Title to Spain, descended to him by his Mother Blanche, eldest Daughter and Heir of Alphon­so the Spanish King.

She was born the 14th of November 1638 at Villa Vicosa in Portugal, she was baptized Catherina, signifying in Greek Pure, her Father being then Duke of Braganza (though right Heir of the Crown of Portugal) the most potent Subject in Europe, for a third part of Portugal was then holden [Page 185] of him in Vassallage; and is only. Sister at present of Don Alphonso the Sixth of that Name, and 23th King of Por­tugal, born 1643.

Hath one Brother more cal­led Don Pedro, born 1648.

Had another Brother called Don Theodosio, the eldest Son of that King, who was the most gallant and hopeful Prince of all Europe, but died 1653, aged but 18 years, yet his life thought worthy to be written by divers grave Authors of Por­tugal.

Having been most carefully and piously educated by her Mother, and at the age of 22 desired in Marriage by King CHARLES the Second, and the Marriage not long after concluded (by the Negotiation [Page 186] of Don Francisce de Melo Con­de de Ponte Marquis de Sande and then Extraordinary Ambas­sadour of the King of Portugal, and solemnized at Lisbon. She embarkt for England upon the 23th of April 1662, being the Festival of St. George, Patron as well of Portugal as England, and was safely by the Earl of Sandwich conducted by a Squa­dron of Ships to Portsmouth; where the King first met her, and was remarried.

On the 23th of August 1662 her Majesty coming by water from Hampton Court, was with great Pomp and Magnificence first received by the Lord May­or and Aldermen of London at Chelsey, and thence conducted by water to Whitehall.

[Page 187] The Portion she brought with her was Eight hundred Millions of Reas or two Milli­ons of Crusado's, being about Three hundred thousand pounds Sterling; together with that important place of Tangier upon the Coast of Africk, and the Isle of Bombaim neer Goa in the East Indies, with a Privi­ledge that any Subjects of the King of England may trade free­ly in the East and VVest Indie Plantations belonging to the Portugueses.

Her Majesties Joynture by the Articles of Marriage is Thirty thousand pounds Ster­ling per Annum, and the King out of his great affection toward her, hath as an addition settled upon her 10000 l. per Annum more.

[Page 188] The Queens Arms as Daugh­ter of Portugal, Arms. is Argent 5 Scutcheons Azure cross wise, each Scutcheon charged with 5 Plates or Besants Argent Saltier­wise, with a Point Sable, the Border Gules, charged with 7 Castles Or. This Coat was first worn by the Kings of Por­tugal, in memory of a Signal Battel obtained by the first King of Portugal Don Alphon­so against 5 Kings of the Moors, before which Battel appeared Christ crucified in the air, and a Voice heard, as once to Con­stantine the Great, In hoc signo vinces: before which time the Portugal Arms were Argent a Cross Azure.

Queen CATHERINE is a Personage of such rare per­fections [Page 189] of Mind and Body, of such eminent Piety, Modesty, and other Vertues, that the English Nation may yet pro­mise all the happiness they are capable of from a Succession of Princes to govern them to the end of the World.

THe Third Person in the Kingdom is the Queen-Mother, or Dowager, Henretta Maria de Bourbon, Daughter to the Great King Henry the Fourth, Sister to the Just King Lewis the Eleventh, Wife to the Pious Martyr King [Page 190] Charles the First, Mother to our Gracious Sovereign King Charles the Second, and Aunt to the present Puissant King Lewis the 14th.

She was born the 19th of November 1609, married first at Nostre Dame in Paris by Proxy 1625, and shortly after in the moneth of June arriving at Dover, was at Canterbury espoused to King Charles the First. In the year 1629. was delivered of her First born, a Son that died shortly after in 1630 of her Second, our pre­sent Soveraign, whom God long preserve; in 1631 of her Third, Mary, the late Princess of Orenge, a Lady of admira­ble Vertues, who had the hap­piness to see the King her Bro­ther restored 6 or 7 moneths be­fore [Page 191] her death. In 1633 of her Fourth, James, now Duke of York. In 1635 of her Fifth, named Elizabeth, who being a Princess of incomparable Abi­lities and Vertues, died for grief soon after the murther of her father. In 1636 of her Sixth, named Anna, who di­ed young. In the year 1640 of her Seventh Child Henry of Oatlands, designed Duke of Glocester, who living till above 20, being most excellently ac­complished in all Princely En­dowments, died four moneths after the Restauration of the King. In the year 1644 of her Eighth, the Lady Henretta, now Dutchess of Orleans.

In the year 1641 her Majesty fore-seeing the ensuing storm of Rebellion, and seeing the [Page 192] groundless Odium raised alrea­dy against her self, timely with­drew her self with her eldest Daughter (then newly married to Henry Prince of Orange, into Holland, whence in 1643 after a most furious storm and barba­rous fierce pursuit of the En­glish Rebels at Sea, she landed at Burlington Bay with Men, Money, and Ammunition, and soon after with a considerable Army met the King at Edgehill, and thence was conducted to Oxford.

In April 1644 marching with competent forces from Oxford towards Exeter, at A­bington took her last farewel of the King, whom she never saw again.

In July following embarkt at Pendennis Castle, she sailed [Page 193] into France, where entertained at the Charges of her Nephew the persent King of France, she passed a solitary retired life until the moneth of October 1660. when upon the Restau­raution of her Son to the Crown of England, she came to London, and having settled her Revenues here, she went a­gain with her youngest Daugh­ter the Lady Henretta into France, to see her espoused to the then Duke of Anjou, now of Orleans; and in the moneth of July 1662 being returned into England, she settled her Court at Somerset-House, where she continued till May 1665, then crossed the Seas again, and hath ever since continued in France her Native Countrey.

[Page 194] She needeth no other Cha­racter then what is found in the Seventh Chapter of that ini­mitable Book compiled by him that knew her best.

THe First Prince of the Blood (in France called Monsieur sans queue) is the Most Illustrious Prince James Duke of York, Second Son to King Charles the Martyr, and only Brother to the present King our Soveraign.

[Page 195] He was born Octob. 14. 1633, and forth-with proclaimed at the Court Gates Duke of York; the 24th of the same moneth was baptized, and afterward committed to the Government of the then Countess of Dorset.

The 27th of July 1643 at Oxford was created by Letters Patents Duke of York (though called so by special command from his Birth) without those Solemnities (the iniquity of the times not admitting there­of) that were used to the King his Father 1605, when being Second Son to King James, and so Duke of Albany in Scotland, was created Duke of York with the preceding So­lemn Creation of divers young Noblemen to be Knights of the Bath, and the Robes of [Page 196] State put upon him, the Cap of State on his Head, and the Gol­den Rod into his Hand, the Prime Nobility and Heralds assisting at that Ceremony.

After the Surrender of Ox­ford his Royal Highness was in 1646 conveyed to London by the then prevailing disloyal part of the Two Houses of Par­liament, and committed with his Brother Glocester and Sister Elizabeth to the care of the Earl of Northumberland.

In 1648 aged about 15, was by Colonel Bampfield conveyed in a disguise or habit of a Girle beyond Sea, first to his Sister the Princess Royal of Orenge in Holland, and afterward to the Queen his Mother then at Pa­ris, where he was carefully e­ducated in the Religion of the [Page 197] Church of England, and in all Exercises meet for such a Prince.

About the Age of 20 in France he went into the Cam­pagne, and served with much Gallantry under that great Commander the Protestant Mareschal de Turenne for the French King against the Spanish forces in Flanders.

Notwithstanding which, up­on a Treaty between the French King and Cromwell in 1655, being obliged with all his reti­nue to leave the French Domi­nions, and invited into Flan­ders by Don Juan of Austria, he there served under him a­gainst the French King, then leagued with the English Re­bels against Spain; where his Magnanimity and Dexterity in [Page 198] Martial Affairs (though unsuc­cessful) were very eminent.

In the year 1660 came over with the King into England, and being Lord High Admiral in the year 1665, in the War against the Vnited States of the Netherlands, commanded in person the whole Royal Navy on the Seas between England and Holland, where with incompa­rable valour and extraordinary hazard of his own Royal Per­son, after a most sharp dispute he obtained a Signal Victory o­ver the whole Dutch Fleet com­manded by Admiral Opdam, who perisht with his own and many more Ships in that Fight.

He married Anne the eldest Daughter of Edward Earl of Clarendon, late Lord High Chancellour of England, by [Page 199] whom he hath had a numerous issue, whereof are living, first the Lady Mary, born 30 April 1662, whose Godfather was Prince Rupert, and Godmothers the Dutchesses of Buckingham and Ormond. Secondly, the Lady Anne born in Febr. 1664, whose Godfather was Gilbert Lord Archbishop of Canterbury, her Godmothers were the young Lady Mary her Sister and the Dutchess of Monmouth. She is lately for her health tran­sported into France. Thirdly, 15 Sept. 1667 was born Edgar, lately created Duke of Cam­bridge by Letters Patents under the Great Seal of England, whose Godfathers were the Duke of Albemarle and the Marquiss of Worcester, his Godmother the Countess of Suffolk.

[Page 200] The Titles of his Royal Highness are Duke of York and Albany, Earl of Ulster, Lord High Admiral of Eng­land, Ireland, and all Foreign Plantations, Constable of Do­ver Castle, Lord Warden of the Cinque Ports, Governour of Portsmouth, &c.

NExt to the King and Princes of the Blood are reckoned the Great Officers of the Crown; whereof there are Eight, viz. the Lord High Chancellour, the Lord High Treasurer, the Lord Privy Seal, the Lord High Admiral, the Lord Great Chamberlain, the Lord High Constable, the Earl [Page 214] Marshal, and the Lord High Steward for the time being.

First,Lord Chancel­lour. the Lord High Chan­cellour, Summus Cancellarius, so called, because all Patents, Commissions, Warrants, coming from the King, and perused by him, are signed if well, or can­celled, if amiss.

He is after the King and Princes of the Blood in Civil Affairs, Dignity. the highest Person in the Kingdom, as the Archbishop of Canterbury is in Ecclesiastical Affairs.

His Office is to keep the Kings Great Seal, Office. to judge not according to the Common Law, as other Civil Courts do, but to moderate the rigour of the [Page 215] Law, and to judge according to Equity, Conscience, or Reason.

His Oath is to do right to all manner of People poor and rich,Oath. after the Laws and Customs of the Realm, and truly counsel the King, to keep secret the Kings Counsel, nor suffer so far as he may that the Rights of the Crown be diminisht, &c.

From the time of Henry 2. the Chancellours of England have been ordinarily made of Bishops or other Clergy-men learned in the Civil Laws, till Henry 8. made Chancellour one Richard Rich a Common Law­yer, from whom is descended the present Earl of Warwick and the Earl of Holland; since which time there have been [Page 216] some Bishops, but most Com­mon Lawyers.

This High Office is in France durante vitâ, but here is durante beneplacito Regis.

The Salary from the King is 848 l. per Annum, Salary. and when the Star-Chamber was up, 200 l. per Annum more for his Attendance there.

The Lord Chancellour or Lord Keeper (who differ only in Name) is created per tradi­tionem magni Sigilli sibi per do­minum Regem, and by taking his Oath.

The Great Seal being lately taken from Edward Earl of Cla­rendon Lord Chancellour, was by his Majesties great favour bestowed upon Sir Orlando Bridgeman, with the Title of [Page 217] Lord Keeper of the Great Seal of England.

The next Great Officer of the Crown is the Lord High Treasurer of England, Lord Treasurer▪ who re­ceives this high Office by deli­very of a White Staffe to him by the King, and holds it du­rante beneplacito Regis.

Antiently he received this Dignity by the delivery of the Golden Keys of the Treasury.

His Oath is little different from that of the Lord Chan­cellour.Oath.

He is Praefectus Aerarii, Office. a Lord by his Office, under whose Charge and Government is all the Kings Revenue kept in the Exchequer. He hath also the check of all the Officers any way emploied in collecting Imposts, [Page 218] Customs, Tributes, or other Revenues belonging to the Crown. He hath the gift of all Customers, Controllers, and Searchers in all the Ports of England.

He hath the nomination of the Escheators in every Coun­ty, and in some Cases by Sta­tute is to appoint a Measurer for the length and breadth of Clothes.

He with others joyned in Commission with him or with­out, letteth Leases of all the Lands belonging to the Crown. He giveth Warrants to certain Persons of Quality to have their Wine Custom free.

The Annual Salary of the Lord High Treasurer is in all 383 li. 7s. 8d. per Annum. Since the decease of Thomas [Page 219] Wriothesly last Earl of South­hampton, and last Lord High Treasurer of England, this Of­fice hath been executed by a Commission granted to five eminent Persons, viz. the Duke of Albemarle, Lord Ashley, Sir Thomas Clifford, Sir Will. Coventry, and Sir John Duncomb.

The Third Great Officer of the Crown is the Lord Privy Seal, Lord Privy Seal. who is a Lord by his Of­fice, under whose hands pass all Charters and Grants of the King, and Pardons signed by the King, before they come to the Great Seal of England; also divers other matters of less Concernment, as for pay­ments of money, &c. which do not pass the Great Seal.

[Page 220] He is by his Place of the Kings Privy Council, and Chief Judge of the Court of Requests, when it shall be re-continued; and besides his Oath of Privy Counsellour, takes a particular Oath as Lord Privy Seal.

His Salary is

His Place according to Statute is next to the Lord Pre­sident of the Kings Council. Dignity.

It is an Office of great Trust and Skill, that he put not this Seal to any Grant without good Warrant under the Kings Pri­vy Signet; nor with Warrant, if it be against Law or Custom, until that the King be first ac­quainted.

This great Officer is menti­oned in the Statutes of 2 Rich. 2. and then [...]anked amongst the Chief Persons of the Realm.

[Page 221] And is at present enjoyed by John Lord Robarts, Baron Ro­barts of Truro.

The Fourth Great Officer of the Crown is the Lord High Admiral of England, Admiral. whose Trust and Honour is so great, that this Office hath usually been given either to some of the Kings younger Sons, near Kinsmen, or to some one of the highest and chiefest of all the Nobility.

He is called Admiral from Amir in Arabick and [...] in the Greek, that is Praefectus Marinus, a word borrowed from the East­ern Empire, where such kind of compounds were much in re­request and introduced into England after the Wars in the Holy Land by King Richard or King Edward 1.

[Page 222] The Patent of the Lord Ad­miral did anciently run thus, Angliae, Hiberniae, & Aqui­taniae, Magnus Admirallus, but at present thus, Angliae & Hiberniae ac Dominiorum & In­sularum earundem, Villae Calle­siae, & Marchiarum ejusdem, Normandiae, Gasconiae, & Aqui­taniae, Magnus Admirallus & Praefectus Generalis Classis & Marium dictorum Regnorum.

To the Lord High Admiral of England is by the King in­trusted the management of all Marine Affairs, Office. as well in re­spect of Jurisdiction as Prote­ction. He is that High Offi­cer or Magistrate to whom is committed the Government of the Kings Navy, with Power of decision in all Cau­ses Maritime, as well Civil as [Page 223] Criminal; of all things done upon or beyond the Sea in any part of the World, all things done upon the Sea Coasts in all Ports and Havens, and up­on all Rivers below the first Bridge next toward the Sea.

The Lord Admiral hath the power to commissionate a Vice-Admiral, a Reer Admiral, and all Sea Captains, also Depu­ties for particular Coasts, Co­roners to view dead bodies found on the Sea Coasts or at Sea, Commissioners or Judges for exercising Justice in the Court of Admiralty, to im­prison, release, &c.

He hath sometimes a power to bestow Knighthood to such as shall deserve it at Sea.

To the Lord Admiral be­longs by Law and Custom all [Page 224] penalties and amercements of all Transgressors at Sea, on the Sea Shore, in Ports, and from the first Bridge on Rivers to­wards the Sea; also the Goods of Pyrats, Felons, or Capital Faulters, condemned, out­lawed, or horned. Moreover all Waifs, Stray Goods, Wrecks of Sea, Deodands, a share of all lawful Prizes, Lagon, Jet­son, and Flotson, as the Mari­ners term them; that is, Goods lying in the Sea on Ground, Goods floting on the Sea, and Goods cast by the Sea on the Shore, not granted to Lords of Mannors adjoyning to the Sea: All great Fishes, as Sea Hogs, and other Fishes of ex­traordinary bigness, called Royal Fishes, except only Whales and Sturgeons.

[Page 225] This High Dignity is at pre­sent enjoyed by the Kings only Brother the Illustrious Prince James Duke of York.

The Fifth Great Officer of the Crown is the Lord Great Chamberlain of England, Chamber­lain. an Officer of great Antiquity, to whom belongs Livery and Lodging in the Kings Court, and certain Fees due from each Archbishop and Bishop when they do their Homage or Feal­ty to the King, and from all Peers of the Realm at their Creation, or doing the Homage or Fealty, and at the Corona­tion of any King to have 40 Ells of Crimson Velvet for his own Robes, and on the Corona­tion day before the King riseth to bring him his Shirt, Coyfe, [Page 226] Wearing Clothes, and after the King is by him apparelled and gone forth, to have his Bed and all Furniture of his Bed-Chamber for his Fees, all the Kings Night Apparel, and to carry at the Coronation the Coyfe, Gloves, and Linnen to be used by the King upon that occasion; also the Sword and Scabberd, and the Gold to be offered by the King, and the Robe Royal and Crown, and to undress and attire the King with his Robes Royal, and to serve the King that day before and after Dinner with water to wash his hands, and to have the Basin and Towells for his Fees, &c.

This Honour was long en­joyed by the Earls of Oxford, from the time of Hen. 1. by [Page 227] an Estate Tayle or Inheritance, but in the two last Coronations by the Earls of Lindsey, and that by an Estate of Inheri­tance from a Daughter or Heir General claimed and contro­verted.

The Sixth Great Officer is the Lord High Constable of England. Constable. so called some think from the Saxon Cuning, by con­traction King and Stable, qua­si-Regis columen, for it was anti­ently written Cuningstable, but rather from Comes Stabuli, whose Power and Jurisdiction was antiently so great, that after the death of Edward Bo­hun Duke of Buckingham 1521 the last High Constable of Eng­land, it was thought too great for any Subject.

[Page 228] But since upon occasion of Coronations (as at that of King Charles 2. was made the present Earl of Northumber­land) and at Solemn Trials by Combat (as at that which was intended between Rey and Ram­sey 1631, was made Robert Earl of Lindsey) there is created pro hac vice a Lord High Consta­ble. His Power and Jurisdi­ction is the same with the Earl Marshal, with whom he sits Judge in the Marshals Court, and takes place of the Earl Marshal.

The Seventh Great Officer of the Crown is the Earl Mar­shal of England, Earl Marshal. so called from Mare in the old Saxon (i.e.) Horses, and Schal Praefectus. He is an Earl some say by his [Page 229] Office, whereby he taketh as the Constable doth, Cogni­sance of all matters of War and Arms, determineth Contracts touching Deeds of Arms out of the Realm upon Land, and matters concerning Wars with­in the Realm, which cannot be determined by Common Law.

This Office is of great Anti­quity in England, and antient­ly of great Power.

The last Earl Marshal was Henry Howard Earl of Arundel, who died in 1652, his Father Thomas Earl of Arundel and he enjoying that Office onely for the Term of their lives by the Kings Letters Patents.

At the Coronation of His Majesty now raigning, the pre­sent Earl of Suffolk for that So­lemnity only was made Earl Marshal.

[Page 230] The Eighth and last Great Officer of the Crown is the Lord High Steward of England, High Steward. quasi Stedeward Locum tenens the Kings Lieftenant, in Law­yers Latin Seneschallus of Sen, in Saxon, Justice, and Schals Governour or Officer.

His Power antiently in Civil Matters was next to the King, and was so transcendent, that it was thought fit not longer to trust it in the hands of any Sub­ject, for his Office was Supervi­dere & regulare sub Rege & im­mediatè post Regem (as an antient Record speaks) totum Regnum Angliae & omnes ministros Le­gum infra idem regnum tempori­bus pacis & guerrarum.

[Page 231] The last that had a State of Inheritance in this High Office was Henry of Bullinbrook (Son and Heir to the great Duke of Lancaster John of Gaunt, af­terwards King of England:) since which time they have been made only hâc vice, to officiate at a Coronation, by vertue of which Office he sit­teth judicially and keepeth his Court in the Kings Palace at Westminster, and there recei­veth the Bills and Petitions of all such Noblemen and others, who by reason of their Tenure or otherwise, claim to do Servi­ces at the New Kings Corona­tion, and to receive the Fees and Allowances due and accu­stomed; as lately at the Coro­nation of King Charles the Se­cond, the Duke of Ormond was [Page 232] made for that occafion Lord High Steward of England, and (marching immediately before the King) bore in his hands St. Edwards Crown: Or else for the Arraignment of some Peer of the Realm, their Wives or Widdows, for Trea­son or Felony, or some other great Crime, to judge and give Sentence, as the antient High Stewards were wont to do; which ended, his Commission expireth: During such Tryal he sitteth under a Cloth of E­state, and they that speak to him say, May it please your Grace my Lord High Steward of England. His Commission is to proceed Secundum Legem & consuetudinem Angliae. He is sole Judge, yet doth call all the Twelve Judges of the [Page 233] Land to assist him. Is not sworn, nor the Lords who are the Try­ers of the Peer arraigned.

During his Stewardship he bears a White Staffe in his Hand, and the Tryal being over, open­ly breaks it, and so his Office takes an end.

THe Court of the King of England is a Monarchy within a Monarchy, consisting of Ecclesiastical, Civil, and Military Persons and Govern­ment.

For the Ecclesiastical Go­vernment of the Kings Court [Page 234] there is first a Dean of the Kings Chappel, who is usually some grave Learned Prelate, chosen by the King, and who as Dean acknowledgeth no Superiour but the King; for as the Kings Palace is exempt from all infe­riour Temporal Jurisdiction, so is his Chappel from all Spi­ritual; it is called Capella Do­menica, the Demean Chappel, is not within the Jurisdiction or Diocess of any Bishop, but as a Regal Peculiar exempt and re­served to the Visitation and Immediate Government of the King, who is Supreme Ordina­ry, and as it were Prime Bi­shop over all the Churches and Bishops of England.

By the Dean are chosen all o­ther Officers of the Chappel, viz. a Subdean or Praecentor [Page 235] Capellae, 32 Gentlemen of the Chappel, whereof 12 are Priests, and one of them is Confessor to the Kings Hou­shold, whose Office is to read Prayers every Morning to the Family, to visit the Sick, to examine and prepare Commu­nicants, to inform such as de­sire advice in any Case of Con­science or Point of Religion, &c.

The other 20 Gentlemen, commonly called Clerks of the Chappel, are with the afore­said Priests to perform in the Chappel the Office of Divine Service in Praying, Singing, &c. One of these being well skilled in Musick, is chosen Master of the Children, where­of there are 12 in Ordinary, to instruct them in the Rules [Page 236] and Art of Musick for the Ser­vice of the Chappel. Three other of the said Clerks are chosen to be Organists, to whom are joyned upon Sun­dayes, Collar dayes, and other Holy-dayes, the Saickbuts and Cornets belonging to the Kings Private Musick, to make the Chappel Musick more full and compleat.

There are moreover 4 Offi­cers called Vergers, from the Silver Rods carried in their hands, also a Sergeant, 2 Yeo­men; and a Groom of the Chap­pel.

In the Kings Chappel thrice every day Prayers are read, and Gods Service and Worship performed with great Decency, Order, and Devotion, and should be a Pattern to all o­ther [Page 237] Churches and Chappels of England.

Twelve dayes in the year, being high and principal Festi­vals, His Majesty after Divine Service, attended with his prin­cipal Nobility, adorned with their Collars of Esses, in a grave solemn manner at the Altar of­fers a sum of Gold to God, in signum specialis dominii, that by his Grace he is King, and holdeth all of him.

All Offerings made at the Holy Altar by the King and the Queen, did antiently be­long to the disposal of the Archbishop of Canterbury, if his Grace were present, where­soever the Court was, but now to the Dean of the Chappel.

Those 12 dayes are first Christmass, Easter, Whitsun­day, [Page 238] and All Saints, called Houshold-dayes, upon which the Besant or Gold to be offer­ed, is delivered to the King by the Lord Steward or some other of the Principal Officers: then New-years-day and Twelf-day, upon the later of which Gold, Frankincense, and Myrrhe, in several Purses are offered by the King: Lastly, Candlemas, Anuntiation, Ascention, Trini­ty Sunday, St. John Baptist, and Michaelmass day, when on­ly Gold is offered. Upon Christ­mass, Easter, and Whitsunday, His Majesty usually receives the Holy Sacrament, none but two or three of the Principal Bi­shops communicating with Him.

The King hath also (besides many Extraordinary) 48 Chap­lains [Page 239] in Ordinary, who are u­sually eminent Doctors in Di­vinity; whereof 4 every Mo­neth wait at Court to preach in the Chappel on Sundayes and other Festivals before the King, and in the Morning ear­ly on Sundayes before the Hou­shold, to read Divine Service before the King out of Chap­pel daily twice in the Kings Pri­vate Oratory, to give Thanks at Table, in the Clerk of the Closets absence.

In time of Lent, according to antient laudable Custom, the Divine Service and Preach­ing is performed in a more so­lemn manner.

Antiently at Court there were Sermons in Lent only, and that in the Afternoon, in the Open Court, and then only [Page 240] by Bishops, Deans, and prin­cipal Prebends: Our Ancestors judging that time enough and those persons only fit to teach such an Auditory their duty to God and Man. Antiently al­so the Lent Preachers were all appointed by the Archbishop of Canterbury. Now on the first Wednesday, called Ashwednesday, in the Morning, begins the Dean of the Chappel to preach, and on each Wednesday after one of his Majesties more elo­quent Chaplains, and every Friday the Dean of some Ca­thedral or Collegiat Church, and on the last Friday, called Good Friday, is alwayes to preach the Dean of Westmin­ster; and on every Sunday in Lent some, Right Reverend Bi­shop preacheth, and on the last [Page 241] Sunday of Lent, called Palm-Sunday, is to preach an Arch­bishop, and upon Easter day the Lord High Almoner, who is u­sually some principal Bishop, that disposeth of the Kings Almes, and for that use recei­veth (besides other moneys al­lowed by the King) all Deo­dands & Bona Felonum de se, to be that way disposed.

In France the Grand Aumos­nier is principal of all the Ec­clesiastiques of the Court, and all Officers of the Kings Chappel, he receiveth their Oaths of Al­legeance, and himself swears only to the King for that Of­fice; he hath the disposition of all Hospitals, the Charge for delivering Prisoners pardoned by the King at his coming to the Crown, or at his Corona­tion [Page 242] or first entrance into any of his Cities.

Under the Lord High Al­moner there is a Subalmoner, two Yeomen, and two Grooms of the Almonry.

Besides all these, the King hath a Clerk of the Closet or Confessor to His Majesty, who is commonly some reverend dis­creet Divine, extraordinarily esteemed by His Majesty, whose Office is to attend at the Kings right hand during Divine Service, to resolve all doubts concerning spiritual matters, &c.

The present Dean of the Chappel is Doctor Herbert Crofts Bishop of Hereford, whose Fee is 200 l. yearly and a Table, his Subdean is Doctor Jones, whose Fee is 100 l. year­ly.

[Page 243] The Fee of each Priest and Clerk of the Chappel is 70 l. yearly.

The Clerk of the Closet is Doctor Blandford Bishop of Oxford, hath no Fee.

The Lord High Almoner is Doctor Henchman Bishop of London, hath no Fee: his Sub-Almoner is Doctor Perinchef, whose Fee is 6 l. 6 s. 10 d.

THe Queens Court, suta­ble to the Consort of so great a King, is Splendid and Magnificent.

Her Majesty hath all Officers and a Houshold apart from the King; for the maintenance whereof there is settled 40000 l. per annum.

For the Ecclesiastique Go­vernment of her Court, there is first the Grand Almoner Fa­ther Howard, Brother to the Duke of Norfolk.

[Page 301] He hath the superintendency over all the Ecclesiastiques be­longing to the Queen.

The next is the Dean of the Chappel Doctor Goodwin.

The Third is the Treasurer of the Chappel.

Besides there are 4 Almo­ners and 4 Preachers, 11 Fran­ciscan Monks, all Portuguez; 6 Benedictins all English; di­vers Persons belonging to the Musick of the Chappel, to serve at the Altars, Porters, &c.

For the Civil Government of Her Majesties Court she hath a Council consisting of Per­sons of High Worth and Dig­nity, whereof there are 12.

• [Page 302] 1. The Lord Vicount Corn­bury, her Lord Chamberlain.
• 2. The Earl of Manchester.
• 3. Earl of Sandwich.
• 4. Lord Brunkard, her Chan­cellour.
• 5. Sir Richard Beclin, her Se­cretary.
• 6. Mr. Harvey, Treasurer of her Houshold.
• 7. Sir William Killigrew, her Vice-Chamberlain.
• 8. Mr. Montague, her Attur­ney-General.
• 9. Mr. Montague Brother to the Earl of Manchester, her Sol­licitor General.
• 10. Mr. Montague, Son to Lord Montague of Boughton.
• 11. Sir Charles Harbord.
• 12. Sir Henry Wood.

[Page 303] Of Her Majesties Bed-Chamber are six Ladies of high rank, first the Countess of Suffolk is her Groom of the Stole, next are the Dutchess of Buckingham, the Countesses of Castlemaine, Bath, Mair­shal, and Falmouth. Her Ma­jesty hath six Maids of Ho­nour to wait at other times, these must be all Gentlewomen unmarried; over whom there is placed a Governess, called, The Mother of the Maids of Ho­nour, who is at present the La­dy Sanderson. The Maids are Mrs Cary, Mrs Boynton, Mrs Wells, Mrs Price, &c.

There are also 4 Dressers, viz. the Ladies Scroop, Freyser, Killegrew, and Mrs Le Guard: moreover one Laundress Mrs Nun, one Seamstress Mrs Chi­vens.

[Page 304] There are five Gentlemen Ushers of the Privy Chamber, Sir William Courtney, &c.

Five Gentlemen Ushers Dai­ly Waiters.

Six Pages of the Back Stairs.

Eight Grooms of the Privy Chamber.

Two Carvers, two Sewers, two Cupbearers, all Persons of quality.

Seven Gentlemen Ushers Quarter Waiters.

Four Pages of the Presence.

Master of Her Majesties Horse is Mr. Montague, Son to the Lord Montague of Bough­ton.

To her Stable belong 4 Que­ries, Persons of worth, and 13 Grooms and 3 Messengers, &c.

THe highest Office in Her Majesties Court is that of Lord Chamberlain and Steward of Her Majesties Re­venue, enjoyed at present by Henry Lord Germin Earl of St. Albans, whose Salary is and a Table of Dishes.

Monsieur Vantelet Vice-Chamberlain, whose Salary is 200 l. per annum.

The third place is Her Ma­jesties Chancellour, enjoyed at present by Sir J. Winter, Sir Henry Wood, and Sir Robert Long, whose Salary is and a Table of Dishes.

[Page 306] The next is the Lord Arun­del of Warder and Count of the Empire, Master of the Horse, whose Salary is

Then Her Majesties Secre­tary Sir John Winter.

The Treasurer, Receiver General of Her Majesties Re­venues, Sir Henry Wood.

Sir Thomas Bond Comptrol­ler of the Houshold, whose Salary is

Sir Thomas Ork and divers other Officers of the Robes.

Four Gentlemen ushers of the Privy Chamber, to each of which is 130 l. Salary per an­num, and diet.

Two Cupbearers, two Car­vers, two Sewers, two Gentle­men Ushers of the Presence Chamber, Salary to each 120 l. and diet all these at a Table together.

[Page 307] Four Grooms of the Privy Chamber, Salary 60 l. and diet.

Four Gentlemen ushers Quarter Waiters, Salary 60 l. and diet.

Four Pages of the Presence.

Eight Grooms of the Great Chamber.

For guarding Her Majesties Person, She hath first a Cap­tain of her Guard, the Earl of St. Albans.

A Lieutenant, Monsieur de la Chapelle.

An Exempt of the Guards, Monsieur Fremon.

24 Gentlemen Soldiers in Black Velvet Cassocks and Golden embroidered Badges, marching or waiting about the Person of Her Majesty (when in [Page 308] Sedan, or at Chappel or Table, or Coach with two Horses) on foot with Halberts; and when in Coach and 6 Horses, on Horseback with Carabins; in all places within doors as with­out, covered.

For to take care of Her Maje­sties Health, There is one Phy­sician and one Apothecary.

For to wait on Her Majesty in her Bed-Chamber, There are first the Ladies of the Bed-Chamber; the chief whereof is,

The Dutchess Dowager of Richmond, Sister to the present Duke of Buckingham, who is Groom of the Stole.

And the Countess of New­port Lady of the Chamber.

[Page 309] Of the Privy Chamber there are 4 Ladies all English, Fee 150 l. each one; they are at present the Lady Price, the Lady Bond, &c.

Women of the Bed-Cham­ber 8 or 9, partly French and partly English.

In the Laundry, The Lady Sanderson is the Chief Laun­dress.

1 Seamstress.

1 Starcher.

In the Stable, the Chief Query or Escuyer is Sir Edward Wingfield.

The many Officers in the Buttry, Cellar, Pantry, Ew­ [...]y, &c. shall be for brevity passed over.

Her Majesty hath also 4 Coaches with 6 Horses each, [Page 310] also 12 Footmen, a Barge with 12 men in Liveries: Moreover Pages of the Back Stairs 4, &c.

STeward of the Houshold, John Lord Berkley, 800 l. Treasurer of the Houshold and Receiver of the Revenue, Sir Alan Apsley, his Fee 400 Marks or 266 l. 13 s. 4 d.

Comptroller, Sir Henry de Vic, 266 l. 13 s. 4 d.

Secretary, Matthew Wren E­squire, 200 l.

Keeper of the Privy Purse, Marquiss de Bland, 100 l.

[Page 313] Master of the Robes and Groom of the Bed-Chamber, Edward Villiers Esquire, 266 l. 13 s. 4 d.

• Richard Nicols
• Robert Worden,
• Henry Killegrew,
• Roger Vaughan,
• Anthony Eyre,
• Henry Howard;
• Mr. Thynn, now Resident in Swethland.
  • each 200 l.

ALl the Subjects of Eng­land are divided into Clergy and Laity; The Laity sub-divided into Nobility and Commonalty. These are called Ordines Regni, or the Three States, and first of the Clergy.

As Heaven is more honoura­ble than Earth, Clergy their Dignity. the Soul than the Body; so is the Spiritual Function more excellent than the Civil, and the Sacerdotal Dignity higher than the Secu­lar: and therefore in England the Clergy caeteris paribus, hath [Page 327] ever had (according to the pra­ctice of all other Civilized Na­tions since the World began) the preference and precedence of the Laity, and hath in all times been reputed the First of the Three States.

The Clergy so called,Name. because they are Gods [...] or Portion: For although all Christians may be stiled Gods Portion as well as Gods Servants; yet amongst Christians those Persons whom God hath set apart and separa­ted from common use to his Service, to be as it were his Domestick Servants; are more peculiarly the Lords Portion: and therefore from the first Age of Christianity, the Persons so set apart, have been called Cle­rici, Clerks.

[Page 328] As in the State, Degrees. so in the Church, the Laws and Consti­tutions of England would not that there should be a parity and equality of all persons. Quippe in Ecclesia nihil magis inaequale quam aequalitas. And therefore in conformity to the first Times and Places of Establisht Christi­anity, so soon as the Christian Faith was by Authority recei­ved in England, one of the Clergy was in every City or­dained a Bishop; Bishop. who hath (to avoid Confusion, which usually springs from equality) a pre-e­minence over the rest of the Clergy within certain Pre­cincts.

Afterwards the Bishops be­ing necessitated to meet about Publick Affairs of the Church, [Page 329] as Consecrations, Consultations for remedy of general disor­ders, for Audiences Judicial, when the actions of any Bishop should be called in question; or Appeals from Bishops, &c. It seemed requisite to our An­cestors (according to other Christian Churches (ever since the first Nicene Council) to have amongst a certain number of Bishops, one to be chiefest in Authority over the rest; f [...]om thence named Archiepis­copus, Archbi­shop. Arch or Chief Bishop.

For easing the Bishop of some part of his burthen, as the number of Christians wax­ed great, or the Diocess was large, there were ordained in the Primitive Times Chorepis­copi, Suffragan, or Subsidiary Bishops. Accordingly in the [Page 330] English Church of a long time there have been such ordained by the name of Bishops Suf­fragans or Titular Bishops;Suffra­gan Bi­shop. who have the Name, Title, Stile, and Dignity of Bishops, and (as other Bishops) are con­secrated by the Archbishop of the Province; each one to ex­ecute such Power, Jurisdicti­on, and Authority, and re­ceive such Profits as is limited in his Commission by the Bi­shop or Diocesan, whose Suf­fragan he is.

For a Supply of able and fit Persons to assist Bishops, or to be made Bishops, it seemed good to Reverend Antiquity, that in every Diocess a certain number of the more prudent and pious Pastors should be placed in a Collegiate manner at [Page 331] every Cathedral or Episcopal See; where they might not on­ly be ready to assist the Bishop in certain weighty Cases; but also fit themselves (by gaining experience and loosing by little and little their former familia­rity with the inferiour Coun­trey Clergy) for Government and Authority in the Church.

Accordingly in every Cathe­dral Church in England, there are a certain number of Preben­daries or Canons, and over them a Dean, in Latine Deca­nus, Dean. from [...]; because anti­ently set over ten Canons at the least: who is sometime sti­led Alter Episcopi Oculus, the other being the Archdeacon, Archdea­con. who (though a Presbyter him­self) is so named for his Charge over the Deacons; who are to [Page 332] be guided and directed by him under the Bishop.

Next is the Rural Dean, who was antiently called Ar­cbipresbyter, and had the guid­ance and direction of the Pres­byters.

In the last place are the Pa­stors of every Parish, who are called Rectors, unless the Pre­dial Tythes be impropriated, and then they are called Vicars, quasi vice fungentes Rectorum.

In England are 2 Archbi­shops, 24 Bishops, no Suffragan Bishops at present; 26 Deans of Cathedrals and Collegiate Churches, 60 Archdeacons, 544 Prebendaries, many Ru­ral Deans, and about 9700 Rectors and Vicars, besides Curates, who for certain Sti­pends assist such Rectors and [Page 333] Vicars that have the care of more Churches than one.

These (if it be considered of what great Learning and Abili­ties they are; what great Au­thority and Sway they usually bear over the Laity, to incline, [...]ead, and draw them; what great Priviledges and Immuni­ties they do or ought to enjoy, and how much means they pos­sess) may well be reputed, as in all times they have been in all other States, the first Member of the Three Estates of Eng­land.

It hath been provided,Privi­ledges of the Cler­gy. not without singular wisdom, that as the ordinary course of common affairs is disposed of by general Laws; so likewise mens rarer incident Necessities and Utilities [Page 334] should be with special equity considered. Hence is it that so many Priviledges, Immuni­ties, Exemptions, and Dispen­sations have been to the Cler­gy of England granted in all times: Our Ancestors thinking it very reasonable that as Soul­diers were wont by the Roman Emperours to be endowed with certain Priviledges for their warding and fighting to pre­serve the State from external Enemies, so the Clergy ought to have certain Immunities and Priviledges for their watching and spiritual Warfare to pre­serve the State from internal Enemies the World, the Flesh, and the Devil; Ut serventur immunes Clerici, quo Castris suis sedulo commorantes, & vigi­les excubias ducentes summo caell [Page 335] [...]mperatori illaesos populos reprae­ [...]entent, Legibus effectum est, [...]t quam plurima iis Privile­ [...]ia concessa sint tum ad eorum personas tum bona ac res spectan­ [...]ia.

Of Priviledges some belong to Archbishops, some to Bishops, as they are so, and some belong to them, and to the inferiour Clergy, as they are Ecclesia­stiques or Churchmen.

Before the coming of the Savons into England, Archbi­shop. the Chri­stian Britains had 3 Archbi­shops, viz. of London, York, and Caerleon, an antient great City of South-Wales upon the River Uske. Afterward the Archiepiscopal See of London was by the Saxons placed at [Page 336] Canterbury, for the sake of St. Austin the Monk, who first preached the Gospel there to the Heathen Saxons, and was there buried. The other of Caerleon was translated to St. Davids in Pembroke-Shire, and afterward subjected wholly to the See of Canterbury; since which all England and Wales reckon but 2 Archbishops, Can­terbury and York.

The Archbishop of Canter­bury antiently had Primacy as well over all Ireland as Eng­land, Canter­bury. and the Irish Bishops re­ceived their Consecrations from him; for Ireland had no other Archbishop until the year 1152, and therefore in the time of the 2 first Norman Kings, it was declared that [Page 337] Canterbury was the Metropolitan Church of England, Scotland, and Ireland, and the Isles ad­jacent. He was therefore some­times stiled a Patriarch (and Pa­triarcha was a Chief Bishop o­ver several Kingdoms or Pro­vinces (as an Archbishop is o­ver several Dioceses) and had several Archbishops under him; was sometimes called, Alterius Orbis Papa & Orbis Britannici Pontifex; and matters done and recorded in Ecclesiastical affairs, ran thus, Anno Pon­tificatus Nostri primo secundo, &c. He was Legatus Natus, that is, a perpetual Legantine Power was annext to that Archbishoprick near 1000 years ago; whereby no other Legat, Nuncio, or Ambassa­dour from the Bishop of Rome, [Page 338] could here exercise any Legan­tine Power, without special Licence from the King. He was so highly respected abroad, that in General Councils he was pla­ced before all other Archbi­shops at the Popes right Foot. He was at home so highly ho­noured by the Kings of Eng­land, that (according to the Practice of Gods own People the Jews, where Aaron was next in Dignity to Moses, and ac­cording to the practice of most other Christian States; where the next in Dignity and Au­thority to the Sovereign, is usually the chiefest Person of the Clergy) he was accounted the Second Person in the King­dome, and named and ranked even before the Princes of the Blood. He enjoyed some spe­cial [Page 339] marks of Royalty, as to be Patron of a Bishoprick (as he was of Rochester:) to Coyn Moneys, and to have the Ward­ships of all those who held Lands of him Jure Hominii (as it is called) although they held in Capite other Lands of the King; a Princely Preroga­tive, even against the Kings written Prerogative.

In an antient Charter grant­ed by William the Conquerour to Lanfranc Archbishop of Canterbury, he is to hold his Lands with the same freedom in Dominico suo (as the words are) as the King holdeth his in Dominico suo, except only in 2 or 3 Cases, and those of no great importance.

It is an Antient Priviledge of the See of Canterbury, that [Page 340] wheresoever any Mannors or Advowsons do belong unto that See, that place forthwith becomes exempt from the Or­dinary, and is reputed a Pecu­liar, and of the Diocess of Can­terbury.

The Archbishop of Canter­bury by the favour of our Kings is judged fit to enjoy still divers considerable Pre-eminencies. He is Primat and Metropolitan over all England, and hath a super-eminency and some Pow­er even over the Archbishop of York; hath power to summon him to a National Synod, and Archiepis. Eboracensis venire debet cum Episcopis suis ad nu­tum ejus, ut ejus Canonicis dis­positionibus obediens existat.

The Archbishop of Canterbu­ry is at this day Primus par Reg­ni, [Page 341] the first Peer of England, and next to the Royal Family to pre­cede not only all Dukes, but all the Great Officers of the Crown.

He is stiled by the King in his Writs directed to him, Dei Gratiâ Archiepisc. Cant. and writes himself Divina Provi­dentia, whereas other Bishops write Divinâ Permissione; and he is said to be inthroned, when he is invested in the Archbi­shoprick.

To Crown the King belongs to him, and it hath been resol­ved that wheresoever the Court shall happen to be, the King and Queen are Speciales Domestici Parochiani Domini Ar. Cant. and had antiently the Holy Offerings made at the Al­tar by the King and Queen, wheresoever the Court should [Page 342] happen to be, if his Grace was there present. Also the Power of appointing the Lent Preach­ers, as thought by our Ance­stors much more fit for a Pre­late or Spiritual Person to do, (as in all other Christian Courts) then for any Lay Lord, as hath been used in England since one Cromwell was by Hen. 8. made Vicar Gene­ral, and placed above the Archbishop of Canterbury.

The Bishop of London is ac­counted his Provincial Dean, the Bishop of Winchester his Chancellour, and the Bishop of Rochester his Chaplain.

In writing and speaking to him is given the Title of Grace, (as it is to all Dukes) and Most Reverend Father in God.

[Page 343] He hath the Power of all Probate of Testaments, and granting Letters of Admini­stration, where the Party dy­ing had Bona Notabilia, that is five pounds worth or above, out of the Diocess wherein he died; or ten pounds worth within the Diocess of London; or if the party dying be a Bi­shop, though he hath no Goods out of the Diocess where he died. Also to make Wills for all such as die intestate within his Province, and to admini­ster their Goods to the Kindred or to Pious Uses, according to his discretion; which most transcendent Trust and Power is so antiently in England be­longing to Bishops, that the best Antiquary cannot find the first Original thereof.

[Page 344] By Stat. 25 H. 8. he hath the Honour and Power to grant Licences and Dispensations in all Cases heretofore sued for in the Court of Rome, not repug­nant to the Law of God or the Kings Prerogative. As to al­low a Clerk to hold a Benefice in Commendam or Trust; To allow a Son (contrary to the Canons) to succeed his Father immediately in a Benefice; To allow a Clerk rightly qualified to hold two Benefices with Cure of Souls; To abolish ir­regularity gotten without a mans own default, as by defect of body or birth, or by acci­dental killing of a man, &c. To abolish the guilt of Simony; To allow a Beneficed Clerk for some certain Causes to be Non-Resident for some time; To al­low [Page 345] a Lay-man to hold a Pre­bend, &c. whilst by study he is preparing himself for the Service of the Church; To grant Dispensations to sick, to Old People, to Women with Child, to eat flesh on dayes whereon it was forbidden; To constitute Publick Notaries, whose single Testimony is as good as the Testimonies of any two other Persons. He hath the Power to grant Literns Tuitorias, whereby any one that brings his Appeal, may prosecute the same without any molestation; To bestow one Dignity or Prebend in any Ca­thedral Church within his Pro­vince upon every Creation there of a new Bishop; who is also to provide a sufficient Benefice for one of the Chap­lains [Page 346] of the Archbishop, or to maintain him till it be ef­fected.

By the Stat. Primo Eliz. it is provided that the Queen by the Advice of the Archbishop might ordain and publish such Rites and Ceremonies as may be for Gods glory, for edifying the Church, and due reverence of the Sacraments.

He hath the Prerogative to Consecrate a Bishop (though it must be done in the presence and with the assistance of two other Bishops (as every Bishop gives Ordination but with the assistance of Presbyters) to as­sign Co-adjutors to infirm Bi­shops; to confirm the Electi­ons of Bishops within his Pro­vince; to call Provincial Synods according to the Kings Writ al­wayes [Page 347] directed to him; to be Moderator in the Synods or Convocations; to give his Suffrage there last of all; to visit the whole Province; to appoint a Guardian of the Spi­ritualties, during the Vacancy of any Bishoprick within his Province; whereby all the E­piscopal Rights of that Diocess belong to him, all Ecclesiasti­cal Jurisdiction, as Visitation, Institutions, &c.

The Archbishop may retain and qualifie 8 Chaplains, which is 2 more than any Duke by Statute is allowed to do.

The Archbishop of Canter­bury hath moreover the Power to hold divers Courts of Judi­cature for deciding of Differen­ces in Ecclesiastical Affairs, as his Court of Arches, his Court [Page 348] of Audience, his Prerogative Court, and his Court of Pecu­liars; of all which shall be handled particularly, and a­part in the Second Part of the Present State of England.

These and other Preroga­tives and Priviledges, the Wis­dom of our first Reformers thought fit to be retained and added to the Chief Person (under the King) of the Church of England.

The next Person in the Church of England is the Archbishop of York; York. who was antiently also of very high re­pute in this Nation, and had under his Province not only divers Bishopricks in the North of England, but all the Bi­shopricks of Scotland for a long [Page 349] time; until the year 1470, when Pope Sixtus the 4th cre­ated the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland.

He was also Legatus Natus and had the Legantine Office and Authority annext to that Archbishoprick.

He hath still the place and precedence of all Dukes not of the Royal Blood, and of all Great Officers of State, ex­cept only the Lord Chancel­lour; hath the Title of Grace and Most Reverend Father; hath the Honour to Crown the Queen, and to be her perpetual Chaplain.

He is stiled Metropolitan of England, and hath under his Province the Bishopricks of York, Durham, Carlile, Chester, [Page 350] and that of the Isle of Man.

Hath the Rights of a Count Palatine over a certain Territory near York erected by King Rich. 2. into a County Palatine. May qualifie also 8 Chaplains, and hath within his Province divers other Prerogatives and Privi­ledges which the Archbishop of Canterbury hath within his own Province.

The next in place amongst the Clergy of England are the Bishops, so called from the Saxon word Biscop, and that from the Greek [...], Spe­culator, Explorator vel Superin­tendens, an Officer amongst the Heathen so called, quia praeerat pani & victui quotidia­no: Episcopus enim apud Chri­stionos praeest pani & victui spirituali.

[Page 351] All the Bishops of England are Barons and Peers of the Realm. They are Barons by a threefold manner (which can­not be said of the Lay Lords) they are Feodal in regard of their Lands and Baronies an­next to their Bishopricks. They are Barons by Writ, be­ing summoned by the Kings Writ to Parliament, and they are created Barons by Patent, which at their Consecration is al­wayes exhibited to the Arch­bishop. They have the Pre­cedence of all Temporal Ba­rons under Vicounts. In the Parliament have place in the Upper House in a double capaci­ty, not only as Barons, but as Bishops; for before they were Barons, they had in all times place in the Great Council of [Page 352] the Kingdome: and there ever placed on the Kings right hand, not only to give their Advice as the Judges do, but ad tra­ctandum, ordinandum, statuen­dum, definiendum, &c. They have the Title of Lords and Right Reverend Fathers.

All Bishops in England have one or two transcendent Privi­ledges, which seem almost Re­gal; as, In their own Courts to judge and pass Sentence alone by themselves, without any Collegue or Assessor; which is not done in other of the Kings Courts: for the Bishops Courts (though held by the Kings Authority Virtute Magistratus sui) are not accounted to be properly the Kings Courts, and therefore the Bishops send forth Writs in their own Names, [Page 353] Teste the Bishop, and not in the Kings Name; as all the Kings Courts properly so called do.

Moreover Bishops have this other transcendent Priviledge, To depute their Authority to another (as the King doth) ei­ther to their Bishops Suffragans, to their Chancellours, to their Commissaries or other Officers; which none of the Kings Judges may do.

All Bishops have one Privi­ledge above and beyond all Lay Lords, viz. That in whatsoever Christian Princes Dominions they come, their Episcopal Dignity and Degree is acknowledged; and they may, quatenus Bishops, confer Orders, &c. whereas no Lay Baron, Vicount, Marquiss, nor [Page 354] Duke, is in Law acknowledge­ed such out of the Dominions of the Prince who conferred those Honours.

The Laws and Customs of England are so tender of the Honour, Credit, Reputation, and Person of Bishops our Spi­ritual Fathers, that none might (without special Licence from the King first obtained) be endited of any Crime before any Temporal Judge.

Upon severe Penalty by our Laws no man may raise re­ports, whereby Scandal may arise to the Person of any Bishop, or Debate and Discord between them and the Com­mons of England.

In Civil Trials, where a Bi­shop is Plaintiff or Defendant, the Bishop may as well as any [Page 355] Lay Lord, challenge the Array, [...] one Knight at least be not [...]eturned of the Jury, and it [...]hall be allowed unto him as [...] Priviledge due to his Peerage.

In Criminal Trials for life, all [...]ishops by Magna Charta and [...]tat. 25 Edw. 3. are to be try­ [...]d by their Peers, who are Ba­ [...]ns, and none under; not­ [...]ithstanding the late conceit of [...]ome Lawyers, that because Bishops may not be on the Cri­minal Trial of a Peer, there­ [...]ore are not to be tried by [...]eers; for so neither may Bi­shops be tried by a Common [...]ury, Because they may not [...]e on the Trial of such men. Moreover, Noble-women may [...]ot be on the Trial of Peers, [...]nd yet they are to be tried by Peers of the Realm. And [Page 356] there is no Legal Precedent [...] England of a Bishop remaining a Bishop, that ever was tried for his life, but by Peers of th [...] Realm. Antiently indeed Bi­shops were so ecempted, as no [...] at all to be tried by Tempor [...] Judges, till after deprivatio [...] and degradation, and then be­ing thereby rendred no Peers but common Persons, the [...] might be tried by Common Juries.

Since the Reformation, th [...] English Protestant Bishop [...] have been so constantly loya [...] and true to the Crown ( [...] which they are so much m [...] ­ligned by Non-Conformists and so free from all Capita [...] Crimes, that there is yet [...] Precedent in England for thei [...] manner of Trial for Life. A [...] [Page 357] [...] that Common Assertion, [...]hat no Lords of Parliament [...] to be tried by their Peers, [...] such as sit there Ratione [...]obilitatis, and that all Lay [...]ords have place in Parliament [...] that reason; it is not on­ [...] false but frivolous in the [...]dgement of very many judi­ [...]ous men. And indeed how [...]urd and unreasonable must it [...]eds be (let all men judge) [...]at an Archbishop of Canter­ [...]ry, who is by all acknow­ [...]dged to be Primus Par Reg­ [...], should be tried by a Com­ [...]on Jury of Freeholders, [...]en as the meanest Lay Ba­ [...], though created but ye­ [...]rday, may not be tried by a­ [...] under Barons?

In Parliament Bishops as Ba­ [...]as may be present and vote at [Page 358] the Trial and Arraignment [...] a Peer of the Realm, only b [...] ­fore Sentence of Death or lo [...] of Member be pronounced that they may have no hand [...] blood, no hand in destroying but only in saving; they hav [...] by Canon Law the Priviled [...] and Injunction to absent them­selves, and by Common La [...] to make Proxies to vote for them.

Primo Eliz. cap. 2. It is ex­presly declared that all Lords [...] Parliament (without any ex­ception of Lords Spiritual [...] should be tried in that particu­lar by their Peers.

The Bishops of England en­joy at this day many other Pri­viledges as freedom from Ar­rests, Outlawries, Distress p [...] Equitaturam or in a Journey [Page 359] Liberty to hunt in any of the Kings Forrests or Parks, to kill one or two Deer going from or coming to the King upon his Order.

The Persons of Bishops may not be seised upon Contempt (as the Persons of Lay Lords) but their Temporalities only may be seised.

Every Bishop may by Sta­tute Law qualifie as many Chaplains as a Duke, viz. six.

The Laws of England attri­buteth so very much to the Word of a Bishop, that not only in the Trial of Bastardy the Bishops Certificate shall suffice, but also in Trial of Heresie, which toucheth a mans Life, upon the Bishops bare Certificate that any hath been [Page 360] convicted before him of Here­sie, the Secular Power puts him to death without any trial by his Peers.

The Persons the Spiritual Governours of the Church of England, are of such high and tender respect in the eye of the Law, that it is thought fit to exact the same respect from a Clergyman to his Bishop or Ordinary, as from a Child to his Father; and therefore made the Offences of Parricide and Episcopicide equal, viz. both Petty Treason.

Next to the two Archbi­shops of England, don. the Bishop of London amongst all the Bishops hath the pre-eminence. Epis­copus Londinensis (saith an an­cient Record) speciali quadam [Page 361] Dignitate caeteris anteponendus quia Ecclesiae Cantuariensis De­canus est Provincialis. Being Bishop over the Imperial and Capital City of England, it is by a Statute of later times ex­presly provided that he should have the preference and prece­dence of all the Bishops of England; whereby he is be­come (as heretofore the Lord Prior of the Order of St. John of Jerusalem) Primus Baro Regni, as the Lord Abergaven­ny is Primus Baronum Laico­rum.

Next amongst those of the Episcopal Colledge is the Bishop of Durham, within the Pro­vince of York, who hath been a Count Palatine 6 or 700 years; wherefore the Common Seal [Page 362] of the Bishoprick hath been of a long time an Armed Knight, holding in one hand a naked Sword, and in the other a Church.

In the fifth place by vertue of the fore-mentioned Statute, is the Bishop of Winchester, re­puted antiently Earl of South­ampton, and so stiled in the Statutes of the Honourable Or­der of the Garter by Hen. 8. though soon after that Earl­dome was otherwise disposed of.

After these afore-named all the other Bishops take place according to the Seniority of their Consecration, unless any Bishop happen to be made Lord Chancellour, Treasurer, [Page 363] Privy Seal, or Secretary of State; which antiently was very usual, as reputed for their Piety, Learning, Single Life, Diligence, &c. far more fit for the Advantage and Service of the King and Kingdome, than any Laymen; and in such case a Bishop being Lord Chancel­lour, had place next to the Archbishop of Canterbury and above the Archbishop of York; and being Secretary of State, had place next to the Bishop of Winchester.

All the Bishops of England now living take place as they are ranked in this following Ca­talogue:

Dr. Gilbert Sheldon Lord Archbishop of Canterbury con­secrated [Page 364] Bishop of London 1660, and translated to Can­terbury 1663.

Dr. Richard Stern Lord Archbishop of York, consecra­ted Bishop of Carlile 1660, and translated to York 1664.

Dr. Humphrey Henchman Lord Bishop of London, conse­crated Bishop of Salisbury 1660, and translated to Lon­don 1663.

Dr. John Cosens consecra­ted Bishop of Durham 1660.

Dr. George Morley consecra­ted Bishop of Worcester 1660, and translated to Winchester 1662.

Dr. William Piers Bishop of Bath and Wells, consecrated 1632.

Dr. Robert Skinner conse­crated Bishop of Bristol 1636, [Page 365] then translated to Oxford 1640, and lastly to Worcester 1663.

Dr. Henry King Lord Bi­shop of Chichester, consecrated 1641.

Dr. William Lucy Lord Bi­shop of St. Davids, consecra­ted 1660.

Dr. Benjamin Laney Lord Bishop of Ely, consecrated 1660 Bishop of Peterborough, thence translated to Lincoln 1663, lastly to Ely 1667.

Dr. Gilbert Ironside Bishop of Bristol, consecrated 1660.

Dr. Edward Reynolds conse­crated 1660 Bishop of Norwich, he is also Abbot of St. Bennet de Hulmo, the sole Abbot now remaing in England.

Dr. William Nicolson con­secrated Bishop of Glocester 1660.

[Page 366] Dr. John Hacket consecrated Bishop of Coventry and Lichfield 1661.

Dr. Seth Ward consecrated Bishop of Exeter 1661, tran­slated to Salisbury 1667.

Dr. Herbert Crofts consecra­ted Bishop of Hereford 1661.

Dr. Henshaw consecrated Bi­shop of Peterborough 1663.

Dr. Rainbow consecrated Bi­shop of Carlile 1664.

Dr. Blandford consecrated Bishop of Oxford 1665.

Dr. Dolben Bishop of Roche­ster, consecrated 1666.

Dr. Davis Bishop of Lan­daff, consecrated 1667.

Dr. Fuller consecrated Bi­shop of Lincoln 1667.

Dr. Glemham consecrated Bi­shop of St. Asaph 1667.

Dr. Price consecrated Bishop of Bangor 1667.

[Page 367] Dr. Sparrow consecrated Bi­shop of Exeter 1667.

Dr. Wilkins consecrated Bi­shop of Chester 1668.

These are all Barons and Peers of the Realm, these have place in the Upper House of Parliament, and in the Upper House of Convocation, and these are the Lords Spiritual; next follow the Commons Spi­ritual, consisting of Suffragan Bishops, Deans, Archdeacons, Prebends, Rectors, and Vicars, to whom also belong divers considerable Priviledges.

All Suffragan Bishops, all Deans, Archdeacons, Preben­daries, Rectors, and Vicars, have Priviledges, some by them­selves, others by proxy or by [Page 368] representative, to sit and vote in the Lower House of Convo­cation.

No Subsidies or other Taxe to the King may legally be laid upon them, without their own consent first had in Convoca­tion.

The Clergy (as appears by the words of the Writ, as also by Modus Tenendi Parliam▪ and by 21 Rich. 2. cap. 12.) hath per Procuratores Cleri, Place and Suffrage in the Lower House of Parliament, as was antient­ly practised in England, and of later years in Ireland (though now not used in either) and as the Bishops still have and use in the Higher House of Parlia­ment.

No Clergyman may be com­pelled to undergo any Personal [Page 369] Functions or Services of the Commonwealth, or to serve in War. If any man by reason of his Land, be subject to be e­lected to any Temporal Office, if he take Orders he is free, and there is a Writ purposely to free him.

All Clergymen are free from the Kings Purveyors, the Kings Carriages, the Kings Posts, &c. for which they may demand a Protection from the King cum clausula nolumus.

If a Clergyman acknow­ledge a Statute, his Body shall not be taken by vertue of any Process thereupon; for the Writ runs, Si Laicus sit, &c.

Clergymen are not obliged to appear at Sherives Tourns, or Views of Frank Pledge, there to take their Oath of Allege­ance, [Page 370] the Antient Laws presu­ming that those whose princi­pal care and Office should be to teach the People Loyalty and Allegeance to their King, could not themselves want Loyalty.

By Magna Charta no Clergy­man is to be fined or amerced ac­cording to his spiritual means, but according to his temporal estate, and according to the Crime committed.

The Goods of Clergymen are discharged by the Common Law of England from Tolls and Customes (si non exerceant Marchandizas de eisdem) of Avirage, Pontage, Muriage, Paviage; for which they have the Kings Writ to discharge them.

The Glebe Lands and Spiri­tual Revenues of Clergymen [Page 371] being held in pura & perpetua Eleemosyna (i. e.) in Frankal­moine, are exempted from ar­raying and mustering of Men or Horses for the War, as ap­pears in a Statute still in force, viz. 8 Hen. 4. Num. 12. in the unprinted Rolls of that Parliament.

The Clergy being by their Function prohibited to wear a Sword or any Armes (their Coat alone being their defence) cannot serve in Person in War. They serve their Countrey o­therwise, and for that Service have alwayes been thought worthy of their Spiritual Pro­fits and Revenues, and of the Kings Protection.

The Clergy paying to the King the First years profits of all Spiritual Benefices, called [Page 372] First Fruits, and yearly the Tenth of all the said Benefices, are with great reason thought fit to be exempted from all o­ther Taxes; though to give the Laity good example, they often lay Subsidies or other Great Taxes upon them­selves.

It was an Antient Maxime in England, Nullus pro deci­mis debet onerari de aliqua repa­ratione Pontis seu aliquibus one­ribus temporalibus.

These and other Immuni­ties of the Clergy the Great Aquinas thought agreeable to Natural Equity or the Law of Nature, thence it was that King Pharaoh 47 Gen. when all the Lands of his Subjects were mortgaged to him for Bread, yet spared the Lands [Page 373] of the Priests. So Ezra 7. 24. and so in our Antient Laws we find, De Danigeldo libera & quieta erat omnis Ecclesia in An­glia & etiam omnis Terra quae in proprio Dominio Ecclesiae erat u­bicunque jacebat nihil prorsus in tali redditione persolvens; and the reason thereof is added, Quia magis in Ecclesiae confide­bant Orationibus quam in Armo­rum defensionibus.

Many more Priviledges, Im­munities, Liberties, and Fran­chises there are rightly belong­ing to the Clergy of England, so many, that to set down all, saith Sir Edward Coke upon Magna Charta, would take up a whole Book.

The Priviledges of the Cler­gy and Franchises of the Church, were (with the Li­ties [Page 374] of the People) granted, confirmed, and sealed by the King in full Parliament, Anno 1253. in such a solemn manner, as no Story can parallel it: The King stood up with his Hand upon his Breast, all the Lords Spiritual and Temporal stood with burning Tapers in their hands; the Archbishop pro­nounced as followeth, By the Authority of God Omnipotent, of the Son, and of the Holy Ghost, &c. We excommunicate, anathematize, and sequester from Our Holy Mother the Church, all those which henceforth knowing­ly and maliciously deprive and spoil Churches of their right, and all those that shall by any art or wit rashly violate, dimi­nish, or alter secretly or openly, in Deed, Word, or Counsel, those [Page 375] Ecclesiastical Liberties, &c. granted by Our Lord the King to the Archbishops, Bishops, Pre­lates, &c. For everlasting memory whereof We have here­unto put Our Seals. After which all throwing down their Tapers extinguisht and smoak­ing, they all said, So let all that shall go against this Curse be extinct and stink in Hell.

Since which all Kings of Eng­land at their Coronations have by Solemn Oaths promised to preserve the same, and they have been confiremed by above 30 Successive Parliaments, commanded to be read once a year in Churches; and if any Act should be made to the con­trary, it is to be held for null and void, by the Statute of 42 Edw. 3.

[Page 376] Antiently men were very tender and fearful to do any thing that might make them incur the said dreadful censure; but of later times, especially since our Reformation, many men pretending to more Chri­stianity, and to more know­ledge, have made little consci­ence of infringing and violating any Rights, Priviledges, or Franchises of the Church or Churchmen; whilst the Li­berties of the People (though very little violated) have been exacted, even to Sedition and Rebellion.

To the end that men of the best rank and abilities should in all times be encouraged to embrace the most painful and severe Profession of a Clergy­man,Revenues of the Clergy. [Page 377] and that the People [...]hould the more willingly be [...]uided and conducted by them. Our most Christian Ancestors, [...]ccording to the Pattern of Gods antient People the Jews, [...]nd of all other Christian Com­monwealths, judged it expe­ [...]ient to allot large Revenues, [...]nd a most plentiful mainte­ [...]ance to the English Clergy; [...]aving observed with Solomon [...]hat a Wiseman for his pover­ [...]y is too oft contemned and [...]espised, and that there is no­ [...]hing more contemptible and [...]diculous than a poor Clergy­man.

The first Kings of England [...]ad all the Lands of England [...] Demesne. The second sole Monarch amongst the Saxon Kings Ethelwolphus, by the ad­vice [Page 378] of his Nobles, gave fo [...] ever to God and the Church both the Tythe of all Good and the Tenth part of all the Lands of England, free from all Secular Service, Taxations or Impositions whatsoever; the Charter of which Donation [...] to be seen in Ingulphus and o­ther Authors; which Chart [...] thus ends, Qui augere voluer [...] nostram donationem (as many Pious Kings and Nobles sin [...] have done) augeat Omnipoten [...] Deus dies ejus prosperos, si qu [...] vero mutare vel minuere praesump [...] serit noscat se ad tribunal Christ rationem redditurum.

Beside the Tenth of Land▪ and the Husbandmans profits Merchants also and Shop-keepers paid to their Spiritua [...] Pastors the Tenth of thei [...] [Page 379] Gain, Servants in divers Pla­ [...]es the Tenth of their Wages, [...] as Soldiers in the Kings Ar­mies do now a part of their Pay) and in some places Ale­ [...]ellers the Tenth Flagon. Al­ [...]o Handicrafts-men and Day- [...]abourers paid the Tenth of [...]heir Wages upon their Oaths, [...] required.

Per Assisas Forestae and other [...]ecords, it doth appear that [...]ythes have been paid even [...]f Venison in divers parts of England, men making consci­ [...]nce in those dayes, as amongst [...]he antient Jews, to pay Tythes [...]f all they poss [...]ssed.

Besides all those, in some pla­ [...]es were paid to the Pastor, Ob­ [...]entions, Oblations, Pensions, Mortuaries, &c. so that the En­ [...]lish Clergy were the best provi­ded [Page 380] for of any Clergy in the whole World, except only the Nation of the Jews, amongst whom the Tribe of Levi be­ing not the 40th part of the 12 Tribes, as appears in the Book of Numbers; yet had as Mr. Selden confesseth, and that by Gods own appointment three times the Annual Reve­nue of the greatest of the 12 Tribes: insomuch that the poorest Priest in the 24 Cour­ses might be reputed a wealthy person.

And as amongst the Jews the 24 Chief Priests, for the bet­ter maintenance of their Au­thority and Dignity, had means far exceeding those of the Inferiour Clergy, and the High Priest had a Maintenance as far exceeding any of the said [Page 381] 24 Priests. So in England the Bishops by the great Piety and Bounty of several English Kings, had in Lands and Re­venues Temporal and Spiritu­al, a Maintenance far more [...]mple than those of the In­feriour Clergy, and the 2 Archbishops more ample than [...]he Bishops.

William the Conquerour at his coming into England, found [...]he Bishopricks then in being [...] richly endowed with Lands, [...]hat he erected them all into Baronies, and every Barony [...]hen consisted of 13 Knights Fees at the least.

Besides the [...]e belonged to Bishops several Perquisits and Duties for the Visitations of [...]heir Diocesses, for Ordina­sions, Institutions, Census [Page 382] Cathedraticus subsidium Chari­tativum, which upon reasona­ble Causes they might require [...] of the Clergy under them; also other Duties, called, De­cimarum quarta, Mortuariorum & Oblationum pensitatio Ju [...] Hospitii, Processio, Litania, Viatici vel Commeatus collatio▪ which upon a Journey to Rom [...] they might demand. Tenth [...] and First Fruits was antiently paid (as is believed) to the se­veral Diocesans, and was con­tinued to the Bishop of Nor­wich till Henry 8. deprived him thereof, and deprived the Pope of all the rest. Moreover all Cathedral Churches were by divers Kings and Nobles rich­ly furnisht with Lands for th [...] plentiful maintenance of a Dean and a certain number of [Page 383] Prebends; insomuch that to­gether with the Lands given to Monasteries, a third part of the Lands of England belonged to the Church and Church-men; whereby did accrue much be­nefit to this Nation, great Hospitality was kept, many Hospitals, Colledges, Churches, Bridges built, and other Pub­lick, Pious, and Charitable Works. All Leases held of them by the Laity, were not [...]aly much more easie than o­ther Tenures, but so unque­stionable, that there was little work for the Lawyers; so much peaceableness, that 140 sworn Attourneys was thought sufficient to serve the whole Kingdome.

At present the Revenues of the English Clergy is general­ly [Page 384] very small and insufficient above a third part of the best Benefices of England being an­tiently by the Popes Grant ap­propriated to Monasteries, to­wards their maintenance, were upon the dissolution of Mona­steries made Lay Fees; be­sides what hath been taken by secret and indirect means, tho­row corrupt Compositions an [...] Compacts and Customs in ma­ny other Parishes; also man [...] large Estates wholly exemp [...] from paying Tythes, as Land belonging to the Cistertia [...] Monks, to the Knights Tem­plars and Hospitallers. Tho [...] Benefices that are free from these things, yet (besides Fi [...] Fruits and Tenths to the King and Procurations to the Bishop are taxed towards the Charg [...] [Page 385] of their respective Parishes, and towards the publique charges of the Nation above and beyond the proportion of the Laity.

The Bishopricks of England have been also since the later end of Hen. 8. to the coming in of King James, most mise­rably robbed and spoiled of the greatest part of their Lands and Revenues; so that at this day a mean Gentleman of 200 l. land yearly, will not change his worldly estate and condition with divers Bishops: an At­tourney, a Shop-Keeper, a common Artisan; will hardly change theirs with ordinary Pa­stors of the Church.

Some few Bishopricks do yet retain a competency, amongst which the Bishoprick of Dur­ham is accounted one of the [Page 386] Chief, the yearly Revenues whereof before the late trou­bles was above 6000 l. of which by the late Act for abo­lishing Tenures in Capite, was lost above 2000 l. yearly. Out of it an yearly Pension of 880 l is paid to the Crown ever since the Raign of Queen Eli­zabeth, who promised in lieu thereof so much in Impropri­ations; which was never per­formed. Above 340 l. yearly paid to several Officers of the County Palatine of Durham, The Assises and Sessions duly kept in the Bishops House, at the sole Charges of the Bi­shop. The several expences for keeping in repair certain Banks of Rivers in that Bi­shoprick, and of several Hou­ses belonging to the Bishoprick. [Page 387] Moreover the yearly Tenths, the Publick Taxes, the Char­ges of going to, and waiting at Parliament, being deducted, there will remain communibus annis to the Bishop to keep Hospitality▪ (which must be great) and to provide for those of his Family but about 1500 l. yearly. The like might be said of some other Principal Bishopricks.

The great diminution of the Revenues of the Clergy and the little care of augmenting or defending the Patrimony of the Church, is the great re­proach and shame of the En­glish Reformation, and will one day prove the ruin of Church and State.

Judicious Mr. Hooker (who in the Preface of his Works [Page 388] fore-told our late troubles 40 years before they came to pass) observing in his time how the Church was every day robbed of her Dues, and that it was then an opinion rife [That to give to the Church smelt of Ju­daisme and Popery, and to take from the Church what our Ance­stors had given, was Reformati­on.] declared that what Moses saith in the 90th Psalme, was likely to be verified of Religi­on and Gods Service amongst us. The time thereof may be Threescore years and ten, if it continue till Fourscore it will be but small joy to those that shall then behold the Condition of the English Church; and the best read Historian cannot pro­duce one example of a happy State, where the Clergy hath [Page 389] been exposed to the peoples Contempt; which must needs happen where their Benefices their Maintenance is scandalous and their Persons despicable.

It is the last Trick saith St. Gregory, that the Devil hath in this World, when he cannot bring the Word and Sacraments in disgrace by Errours and He­resies, he invented this Project, to bring the Clergy into con­tempt and low esteem, as it is now in England; where they are accounted by many as the dross and refuse of the Nation: Men think it a stain to their blood, to place their Sons in that Function, and Women a­shamed to marry with any of them; whereas antiently in England (as among the Jews, the Tribe of Levi was counted [Page 390] Noble, above all other Tribes except that of the Royal Tribe of Judah) the Function of the Clergy was of so high account and esteem, that not only the best Gentry and Nobility, but divers of the Sons and Brothers of divers of our English Kings since the Conquest and before, disdained not to enter into Ho­ly Orders, and to be Clergy­men, as at this day is practised in most other Monarchies of Christendome. Ethelwolph Son and Successor to Egbert, first sole King of England, was in Holy Orders and Bishop of Winche­ster at his Fathers death. Odo Bishop of Bayeux in Normandy, was Brother to William the Conquerour. Henry de Blois Brother to King Stephen was Bishop of Winchester. Geofry [Page 391] Plantagenet Son to Henry 2 was Bishop of Lincoln. Henry de Beaufort Brother to Henry the 4th, was Bishop also of Winchester. And of later Times that most prudent Henry 7 had designed his second Son to be a Clergyman, to omit many others of Noble Blood. Which Policy is still observed even amongst the few Families of the Romish Religion in Eng­land, wherein are to be found at this day some Brothers or Sons of Dukes, Marquisses, Earls, and Barons in Holy Or­ders, and all the rest of the Stock of Baronets, Knights, or Gentry; and for this cause find respect not only amongst those of their own Opinions; but even of the more sober, moderate, and best civilized [Page 392] Protestants. Whilst this Policy lasted in England, the Clergy were judged the fittest Persons to execute most of the Chief Offices and Places of the King­dom (according to the Divine Policy amongst Gods peculiar People, where the Priests and Levites were the Principal Of­ficers and Judges in every Court; to whom the People were to be obedient on pain of death) and the Laity did with much reverence and respect submit to them. And as then Os Sacerdotis, Oraculum erat plebis (according to that of Malachi 2. 7.) So Os Episcopi Oraculum erat Regis & Regni & Rex amplectabatur universum Clerum lata fronte & ex eo semper sibi eligebat primos a Consiliis, primos ad officia Regni [Page 393] obeunda. Primi igitur sedebant in omni Regni Comitiis & Tri­bunalibus Episcopi, in Regali quidem Palatio cum Regni Mag­natibus, in Comitatu una cum Comite, in Turno cum Vice­comite, & in Hundredo cum Domino Hundredi, sic ut in pro­movenda Justitia usquequaque gladius gladium adjuvaret & ni­hil inconsulto Sacerdote vel E­piscopo ageretur. And because the Weal of the Kingdom and the Service of the King de­pended so much upon them, and their presence for that end so oft required at London, it was judged expedient that every Bishoprick should have a Palace or House belonging to it in or about London; and it is known at this day where stood the Houses of every one, ex­cept [Page 394] that of St. Asaph, which also might probably have had one, but more obscure than some other; that Bishoprick having been, as still, very mean.

Great was the Authority of the Clergy in those dayes, and their Memory should be precious in these dayes, if we consider that they were the Authors of so great benefits and advanta­ges to this Kingdom, that there are few things of any importance for promoting of the welfare of this Church and State, wherein the Bishops and Prelats; under God, have not been the Principal Instruments. The Excellent Laws made by King Ina, King Athelstan, King Edmund, and St. Edward from whom we have our Com­mon [Page 395] Laws, and our Priviledges mentioned in Magna Charta, were all made by the perswasi­ons and advice of Bishops and Archbishops named in our Hi­stories. The Union of the 2 Houses of York and Lancaster; (whereby a long and bloody War was ended) was by the most wise Advice and Counsel of Bishop Morton, then a Privy Councellour. The Union of England and Scotland, that in­expressible advantage to both Nations, was brought to pass by the long fore-sight of Re­verend. Bishop Fox a Privy Councellour, in advising Hen­ry the 7th, to match his Eldest Daughter to Scotland, and his Younger to France. Most of the Great Publick Works now remaining in England, acknow­ledge [Page 396] their antient and present being either to the sole Cost and Charges, or to the liberal Contributions, or at least to the powerful Perswasions of Bishops; as most of the best endowed Colledges in both our Vniver­sities, very many Hospitals, Churches, Palaces, Castles, have been founded and built by Bishops; even that famous chargeable and difficult Stru­cture of London-Bridge stands obliged to the liberal Contri­butions of an Archbishop; and it was a Bishop of London, at whose earnest request William the Conquerour granted to the City of London so large Privi­ledges, that in a grateful re­membrance thereof, the Lord Mayor and Aldermen to this day, upon some solemn dayes [Page 397] of their resort to St. Pauls Church, do go in Procession to the Grave Stone where that Bi­shop lies interred.

But above all, The Con­verting England to the Christi­an Religion, the Reforming that Religion when corrupted, and since that, the maintenance of the Doctrine thereof against all Romish Writers, and of the Discipline thereof (none of the least good Offices) against all the Practices and Power of the Puritan and Presbyterian Fa­ctions, and all those other Se­ctaries lineally descended from them; all this and more is ow­ing (if not solely, yet principal­ly) to Bishops and Prelats: by the late want of whom to sit at the Stern, how soon was this goodly Vessel split upon [Page 398] the Rocks of Anarchy and Confusion.

Even since the late Restau­ration of Bishops, to set down the many considerable Publick Benefits flowing from them and other Dignified Clergy, would tire the Reader.

What Sums of Money have been by them expended in repairing Cathedral Churches, Episcopal Houses, in founding and building Hospitals, in Cha­rity to poor Widdows of Cler­gymen utterly ruined by the late Rebels, for redeeming of poor Christian Slaves at Algier, what publick and private Sums for supplying the Kings Neces­sities at his Restauration, what Expences in Hospitality, &c. above and beyond the Charity and Bounty of others, who [Page 399] have ten times their Wealth and Riches.

As they have then been be­neficial to this Kingdome a­bove and beyond other ranks of men, so they have had the highest respect, reverence, and esteem.

In all Ages amongst all Nations, amongst Turks, as well as Jews and Christians, it was judged fit that the Princi­pal Domestique Servants of the King of Heaven and Earth ei­ther should be of the Chiefest and Noblest upon Earth, or at least should be so esteemed.

Such Reverence our Ance­stors bare to that Function, that (as Selden observes) to fall down and kiss the Feet, was a Ceremony usual towards o­ther Bishops and Principal Pre­lates [Page 400] besides the Bishop of Rome. Divers of our Saxon and Norman Kings and Nobles so respected them, that they constrained them in Publick Grants, yet to be seen to sign before the highest of the Lay Nobles, and sometimes before the Kings own Sons and Bro­thers, and to rank them be­fore, &c.

In the year 1200. three Kings, viz. of England, Scot­land, and of South-Wales, to express their pious and cour­teous respect to Hugh Bishop of Lincoln, disdained not with their own Royal Shoulders to bear his dead Corps to the Grave.

And yet it hath been obser­ved even by Strangers, that the Iniquity of the present times [Page 401] in England is such, that the English Orthodox Clergy are not only hated by the Romanists on the one side, and maligned by the Presbyterian on the other side (as the English Liturgy hath also been for a long time by both of them (a sure evi­dence of the excellency there­of) and as our Saviour was cru­cified between two Theeves) but also that of all the Christi­an Clergy of Europe (whether Romish, Lutheran, or Calvini­an) none are so little respected, beloved, obeyed, or rewarded, as the present Pious Learned Loyal Orthodox Clergy of England, even by those who have alwayes professed them­selves of that Communion.

• Dr. Turner Dean of Canter­bury.
• Dr. Sancrost Dean of Pauls.
• Dr. Dolben Bishop of Rochester and Dean of Westminster.
• Dr. Clark Dean of Winche­ster.
• Dr. Wilford Dean of Ely.
• Dr. Creyton Dean of Bath and Wells.
• Dr. Williams Bishop of Ossory and Dean Commendatory of Bangor.
• Dr. Fell Dean of Christ-Church.
• [Page 403] Dr. Hardy Dean of Rochester.
• Dr. Gueson Dean of Chichester.
• Dr. Thomas Dean of Worcester.
• Dr. [...]redyok Dean of Salis­bury.
• Dr. Honywood Dean of Lincoln.
• Dr. Lloyd Dean of St. Asaph.
• Dr. Cary Dean of Exeter.
• Dr. Duport Dean of Peterbo­rough.
• Dr. Crofts Dean of Norwich.
• Dr. Toogood Dean of Bristol.
• Dr. Hodges Dean of Hereford.
• Dr. Brough Dean of Glocester.
• Dr. Wood Dean of Litchfield.

• Dr. Hitch Dean of York.
• Dr. Sudbury Dean of Durham.
• Dr. Carlton Dean of Carlile.
• Dr. Bridgeman Dean of Chester.

[Page 404] Note, That in the Cathe­dral Churches of St. Davids and of Landaff there never hath been any Dean, but the Bishop in either is Head of the Chap­ter, and in the Bishops ab­sence the Chanter at St. Da­vids and at Landaff the Arch­deacon.

Note also, That there are some Deans in England with­out any Jurisdiction, only for honour so stiled; as the Dean of the Chappel Royal, and Dean of the Chappel of St. George at Windsor.

Moreover, Some Deans there are without any Chapter, yet enjoying certain Jurisdicti­ons, as the Dean of Croyden, the Dean of Battel, the Dean of Bocking, &c.

NObiles quasi viri Nosci­biles or Notabiles. Name. In all Christian Monarchies men that have been Notable for Courage, Wisdom, Wealth, &c. have been judged fit and worthy to enjoy certain Privi­ledges, Titles, Dignities, Ho­nours, &c. above the Com­mon People, to be placed in an higher Orbe, and to be as a Skreen between the King and the Inferiour Subjects,Use. to de­fend the one from Insolencies and the other from Tyranny; to [Page 406] interpose by their Counsel, Cou­rage, and Grandeur, where com­mon persons dare not, ought not to be so hardy; to support the King and defend the King­dom with their lives and for­tunes.

The Nobility of England is called the Peerage of England, because they are all Pares Reg­ni; that is, Nobilitate Pares, though gradu impares.

The Degrees of the English Nobility are onely five,Degrees. viz. Duke, Marquiss, Earl, Vicount, and Baron. These are all Ba­rons, but the four first are for State, Priviledge, and Prece­dence above and before other Barons.

A Duke in Latine Dux, Duke. a [Page 407] ducendo, Noblemen being an­tiently either Generals and Lea­ders of Armies in time of War, or Wardens of Marches and Governours of Provinces in times of Peace; afterwards made so for term of life, then held by Lands and Fees, at length made Hereditary and Titular.

The first Duke since the Conquerour was Edward the Black Prince, created so by Edward 3 in the 11th year of his Raign. A Duke is at this day created by Patent, Cin­cture of a Sword, Imposition of a Cap and Coronet of Gold on his Head, and a Verge of Gold put into his hand.

Marchio a Marquiss, Marquis [...] was first so called from the Government [Page 408] of Marches and Frontier Coun­tries. The first that was so created was Robert Vere Earl of Oxford, made Marquiss of Dublin in Octavo of Ri­chard 2.

A Marquiss is created by a Cincture of a Sword, Imposi­tion of a Cap of Honour, with a Coronet and delivery of a Charter or Patent.

Earls antiently called Comi­tes, Earl. because they were wont Comitari Regem, to wait upon the King for Counsel and Ad­vice. The Saxons called them Ealdormen, the Danes Eorlas, and the English Earls. They had antiently for the support of their state the third penny out of the Sherives Court issuing out of all Pleas of that Shire [Page 409] whereof they had their Title, but now it is otherwise.

An Earl is created by the Cincture of a Sword, a Mantle of State put upon him by the King himself, a Cap and a Coronet put upon his head, and a Charter in his hand.

All Earls are stiled by the King Consanguinei nostri, Our Cosins, and they antiently did and still may use the style of Nos.

All the Earls of England are local, or denominated from some Shire Town or Place, ex­cept 2, whereof one is perso­nal, as the Earl Marshal of England, who is not only ho­norary as all the rest, but also officiary. The other is nomi­nal, viz. Earl Rivers, who takes his denomination from [Page 410] an Illustrious Family, as the rest do from some noted place.

Vicecomes quasi vice Comi­tis gubernaturus Comitatum. Vicount. This Title was first given say some by Hen. 6. in the 18th year of his Raign to John Beau­mont, though it may be found that 5 H. 5. Sir Robert Brent was by that King created a Vi­count.

A Vicount is so made by Patent.

In the Laws of the Longo­bards and of the Normans this Word Baron was used for Vir, Baron. as at this day Baron or Varon in the Spanish Tongue is used for the same; so that a Baron is Vir [...], Vir Notabilis & Principalis; so the Chief [Page 411] Burgesses of London antiently and still those of the Cinque Ports are called Barons.

Antiently those Barons on­ly were accounted Peers of the Realm that held of the King per integram Baroniam, which consisted of 13 Knights Fees, and one third part (each Knights Fee being 20 l.) which make in all 400 Marks, and whoe­ver had so much, was wont to be summoned to Parliament. Now to hold per Baroniam, is to hold per haereditatem Baronis whether greater or less.

Barons in the beginning of the Raign of H. 3. were not of so much repute as afterwards, when that King (after that great Rebellion against him was supprest) called by Writ unto Parliament only such great [Page 412] men as had continued loyal; which the succeeding Kings ob­serving, they only were ac­counted Peers of the Realm, that were called by the Kings special Writ; and the others lost their Peerage.

The Earls Palatines and Earls Marchers of England had antiently also their Barons un­der them; as in Cheshire there are yet such Barons: but as no Bishops but those that hold im­mediately of the King, are Peers of the Realm (for the Bi­shop of Man, holding immedi­ately of the Earl of Derby is no Peer) so no Barons, but those that hold immediately of the King, are Peers of the Realm.

Caput Baroniae is some Castle or Chief Seat of a Nobleman, [Page 413] which is not to be divided a­mongst Daughters (if there be no Son) but must descend to the Eldest Daughter, caeteris fi­liabus aliunde satisfactis.

Lands holden by Barony, doth not make the purchaser that is ignoble to be noble, al­though the charge of such Te­nure doth lie upon him in re­spect of the Service of the Realm; no more than Lands by Villain Service, doth make the Purchaser that is a Freeman a Villain, though he shall there­by be bound to his Villain Ser­vice due for those Lands.

Barons are sometimes made by Writ, being thereby called to sit in the Higher House of Parliament, but most usually by Patent.

[Page 414] All the fore-mentioned De­grees have the Title of Lord from the Saxon word Laford, Dominus.

All the Lords of England both Spiritual and Temporal, are Feudataries to the King, and in their Creation and also in their Succession, do swear an Oath of Fealty, and do Ho­mage to the King their Sove­raign, and pay certain Duties, as Signs and Symbols of their Subjection to their Prince.

All Honours in England are given by the King, who is the sole Fountain of Honour.

The Law of England pro­hibiteth all Subjects of the Realm to receive any Title of Honour or Dignity of the Gift of any Forreign Prince, King or Emperour. Est enim jus [Page 415] Majestatis & inter Insignia sum­mae potestatis.

None of these Honours be­stowed by the King on a Fami­ly can be lost, but by want of Issue, or else by some heinous Crime; and then that Family cannot be restored to their Blood but by Parliament.

All Noblemen at their Cre­ation have two Ensigns, to sig­nifie two Duties. Their Heads are adorned ad consulendum Re­gem & Patriam tempore pacis, and they are girt with a Sword ad defendendum Regem & Pa­triam tempore belli.

The several Degrees of the English Nobility are differen­ced and distinguisht one from another by their Titles and En­signs of Honour.

[Page 416] A Duke hath the Title of Grace, and being written unto, may be stiled, Most High, Po­tent, and Noble Prince. A Marquiss, Most Noble and Po­tent Prince. An Earl, Most Noble and Potent Lord. A Vi­count, Right Noble and Potent Lord. And, A Baron, Right Noble Lord.

Their Coronets are all diffe­rent. A Baron hath a Coro­net of 6 Pearls upon the Circle, given to that honour by the present King. A Vicount hath a Coronet with 8 Pearls with­out the Circle. [...]n [...]arls Co­ronet hath the Pearls raised. The Marquiss a Pearl and Strawbe [...]ry Leaf round. And a Dukes Coronet only Leaves without Pearls. They are more especially distinguisht [Page 417] by their Robes of Parlia­ment, by their several Guards on their Mantles or Short Cloaks about their Shoulders. A Baron hath but 2 Guards, a Vicount two and and a half, an Earl 3, a Marquiss 3 and a half, and a Duke 4.

The Nobility of England have in all times enjoyed many considerable Priviledges.Privi­ledges.

All Peers of the Realm be­ing lookt on as the Kings He­reditary constant Counsel­lours, their Persons out of Par­liament time are priviledged (as others in Parliament time) from all arrest, unless for Trea­son, Felony, or breach of Peace, Condemnation in Parliament, or Contempt to the King. No Supplicavit can be granted a­gainst [Page 418] them, No Capias or Ex­igent sued out against them for Actions of Debt or Trespass. No Essoin lies against any Peer of the Realm. In Criminal Causes, Treason, or Felony, they cannot be tried by any other Jury but by a Jury of Peers of the Realm; who are not as other Juries to be put to their Oath, but their Ve [...]dict gi­ven in upon their Honour suffi­ceth. In Civil Causes they are not to be empanelled upon any Jury, nor upon any Enquests de facto, though in a matter between two Peers. In case a­ny Peer be returned upon any such Jury, there is a special Writ for his discharge. Upon no case to be bound to the good behaviour, nor put to swear they will not break the Peace, [Page 419] but only to promise it upon their Honour; which was ever counted so sacred, as upon no terms to be violated. A Peer of the Realm may not be put to the Rack or Torture, to dis­cover the truth, though accu­sed of High Treason. Every Peer of the Realm called to Parliament, hath the Privi­ledge in his lawful absence to constitute a Proxy to vote for him, which none of the Com­mons may do. Also in places of trust committed to them, they are allowed to make De­puties, by reason of the neces­sity supposed in the Law of their attendance on the Person of the King. Though neither Civil Law nor Common Law allow any others Testimony to be valid, but what is given up­on [Page 420] Oath, yet the Testimony of a Peer of England given in upon his Honour, without any Oath, is esteemed valid; and they were wont to be examined upon their Allegeance and the Loyalty of their Chivalry, and to put in their Answer to a Bill super honorem, without ta­king an Oath; though of later times that Priviledge, by the neglect of some Lords hath been infringed sometimes. A day of Grace by the favour of the Court is not to be granted to the Plaintiff in any Suit or Action wherein a Peer of the Realm is Defendant; and this by Statute Law, because the Law presumes that a Peer of the Realm must alwayes be rea­dy to attend the Person of the King and the Service of the [Page 421] Commonwealth, and there­fore it is not to be delayed longer than the ordinary use of the Court, but to have expe­dition of Justice. At the be­ginning of Parliament when the Oath of Supremacy is ex­acted of all those of the House of Commons, yet is it not re­qnired of any of the Lords, be­cause the King is otherwise as­sured of their Loyalty and Fi­delity as is presumed. In all Cases wherein the Priviledge of Clergy is allowed to other men, and also in divers Cases where that Priviledge is taken away from other men, every Peer of the Realm having Place and Voice in Parlia­ment, shall upon his Request by Stat. 1. Ed. 6. without burn­ing in the hand, loss of Inheri­tance, [Page 422] or corruption of Blood, be adjudged for the first time as a Clerk convict, though he cannot read.

All Barons of England are exempted from all attendance at Sherives Turns or any Leets, as others are, to take the Oath of Allegeance.

A Peer cannot be outlawed in any Civil Action, because he cannot be arrested by any Capias, and by the same reason lies no Attachment against him.

By the Custom of England, (as is by the Law of the Em­pire) Nobiles non torquentur in quibus plebeii torquerentur & Nobiles non suspenduntur sed de­capitantur: yet this by the meer favour of the King, and in some cases, especially of Felony, hath been otherwise sometimes.

[Page 423] For the suppressing of Ri­ots and Routs, the Sheriff may raise the Posse Comitatus, that is, [...]all able men are to assist him; yet may not the Sheriff command the Person of any Peer of the Realm to attend that Service.

A Baron of Parliament be­ing sent for by the Kings Writ or Letter, or by his Messenger to come to Court, or to Parlia­ment, or to appear before the Council-Board, or in his Court of Chancery, may both coming and returning by the Kings Forest or Park kill one or two Deer.

In any Civil Trial, where a Peer of the Realm is Plaintiff or Defendant, there must be returned of the Jury at least one Knight, otherwise the Ar­ray [Page 424] may be quasht by Chal­lenge.

The Laws of England are so tender of the Honour, Cre­dit, Reputation and Persons of Noblemen, that there is a Statute on purpose to prohi­bit all offence by false reports, whereby any scandal to their persons may arise, or debate and discord between them and the Commons; and because it is to defend not only Lay Lords but Bishops and all great Officers of the Realm, it is called Scandalum Magnatum.

If a Peer of the Realm ap­pear not upon a Subpena, yet may not an Attachment be a­warded against him, as it may against a common person; though of later times the pra­ctice hath been otherwise.

[Page 425] The House of a Peer can­not in some Cases (as in search for Prohibited Books, for Conventicles, &c.) be en­ [...]red by Officers of Justice, without a Warrant under the Kings own hand, and the hands of 6 of his Privy Council, whereof 4 to be Peers of the Realm.

No Peer can be assessed to­wards the standing Militia, but by 6 or more of themselves.

The Law allowing any one of the Commonalty to be ar­ [...]aigned for Felony or Treason in favorem vitae to challenge 35 of his Jury without shewing cause, and others by shewing cause; yet allows not a Peer of the Realm to challenge any of his Jury, or to put any of them to their Oath, the Law pre­suming [Page 426] that they being all Peers of the Realm, and judg­ing upon their Honour, can­not be guilty of Falshood o [...] Favour or Malice.

All Peers of the Realm have a Priviledge of qualifying a cer­tain number of Chaplains, who (after a Dispensation from the Archbishop (if to him i [...] seem good) and the same rati­fied under the Great Seal of England) may hold Plurality of Benefices with Cure of Souls: In this manner every Duke may qualifie 6 Chap­lains, every Marquiss and Earl 5 apiece, every Vicount 4, and every Baron 3.

A Peer of the Realm may retain 6 Aliens born, whereas another may not retain above 4.

[Page 427] In Case of Amercements of the Peers of the Realm upon Non-suits or other Judge­ments, a Duke is to be amer­ [...]ed only 10 pounds, and all under only 5 l. and this to be done by their Peers, accord­ [...]ng to Magna Charta; al­ [...]hough it is oft done by the Kings Justices instead of their Peers.

All Peers of the Realm be­ [...]ng constant hereditary Coun­cellours of the King in his Great Council of Parliament, and being obliged upon the Kings Summons to appear and attend in all Parliaments upon their own Charges, are priviledged from contributing to the Expences of any Mem­ber of the House of Commons; for which no levy may be made [Page 428] upon any of their Lands, par­cel of their Earldoms or Ba­ronies, any of their antient Demesnes, Copyhold, or Vil­lain Tenants.

The Estates of all Peers of the Realm being judged in the Eye of the Law sufficient at all times to satisfie all Debts and Damages, satisfaction is to be sought by Execution ta­ken forth upon their Lands and Goods, and not by Attach­ments, Imprisonments of their Persons (those are to be al­wayes free for the Service of the King and Kingdome) no [...] by Exigents or Capias Utlega­tum, &c.

Other Priviledges belong to the Peers of England, as 8 [...] Tun of Wine Custome free to every Earl, and to the rest proportionably, &c.

[Page 429] Notwithstanding these great Priviledges belonging to the Nobility of England, yet the greatest of them (no not the Brother or Son of the King) ever had the Priviledge of the Grandees of Spain, to be co­vered in the Kings Presence, except only Henry Ratcliffe Earl of Surrey, as before Pag. 147. nor had ever that higher Priviledge of the Nobility of France, whose Domain Lands and their Dependants holding them, are exempted from all Contributions and Tailles, whereby they are tied to their King, and so enabled to serve him, that although Rebelli­ons are frequent, yet seldome of long continuance, and ne­ver prosperous; whereas the highest born Subject of Eng­land [Page 430] hath herein no more Pri­viledge than the meanest Plow­man, but utterly want that kind of reward for antient Ver­tue, and encouragement for future Industry.

Touching the Places or Pre­cedences amongst the Peers of England, Prece­dence. it is to be observed that (after the King and Prin­ces of the Blood, viz. the Sons, Grandsons, Brothers, Uncles, or Nephews of the King and no [...] farther) Dukes amongst the Nobility have the first place, then Marquisses, Dukes eldest Sons, Earls, Marquisses eldest Sons, Dukes younger Sons, Vicounts, Earls eldest Sons, Marquisses younger Sons, Ba­rons, Vicounts eldest Sons, Earls younger Sons, Barons [Page 431] eldest Sons, Vicounts younger Sons, Barons younger Sons.

Here note, That it was de­creed by King James, that the younger Sons of Barons and Vicounts should yeeld Place and Precedence to all Knights of the Garter, quate­ [...]us tales, and to all Privy Councellours, Master of the Wards, Chancellour, and Un­der Treasurer of the Exche­quer, Chancellour of the Dutchy, Chief Justice of the Kings Bench, Master of the Rolls, Chief Justice of the Common Pleas, Chief Baron of the Exchequer, and all o­ther Judges and Barons of the Degree of the Coise of the said Courts, and that by rea­son of their Honourable Order and Employment; and also to [Page 432] all Bannerets made under the Kings Banner or Standard di­splayed in an Army Royal in open War, and the King per­sonally present.

Note also, That if any of the Degrees of Nobility a­bove-mentioned are descended of the Blood Royal, they are to have place of all those of the same Degree with them.

Moreover, Observe that all the Nobles of the same Degree take place according to the Se­niority of their Creation.

There are certain Marks of State that belong to each De­gree amongst the Nobility,State. which they may practise or not practise at pleasure.

[Page 433] A Duke may have in all pla­ces out of the Kings presence a Cloth of Estate hanging down within half a yard of the ground, so may his Dutchess, and her Train born up by a Ba­ron; and no Earl to wash with a Duke without the Dukes pleasure.

A Marquiss may have a Cloth of Estate reaching within a yard of the ground,Marquiss and that in all places out of the presence of the King or a Duke, and his Marchioness to have her Train born by a Knights Wife; and no Vicount to wash with a Marquiss, but at his pleasure.

An Earl also may have a Cloth of Estate without Pen­dantsEarl. [Page 434] but only Fringe, and a Countess may have her Train born by a Gentlewoman out of the presence of her Superiours, and in their presence by a Gen­tleman.

A Vicount may have a Co­ver of Assay holden under his Cup while he drinks,Vicount. but no Assay taken, as Dukes, Mar­quisses and Earls may have. And a Vicountess may have her Gown born up by a Wo­man out of the presence of her Superiours, and in their presence by a Man.

A Baron may also have the Cover of his Cup holden un­derneath whilst he drinketh,Baron. and a Baroness may have her Gown born up by a man in the pre­sence of a Vicountess.

[Page 435] All Dukes eldest Sons be as Earls, and the younger as Lords, with the addition of their Chri­stian Names, as Lord Thomas, Lord John, &c.

A Dukes eldest Son of the Blood Royal shall take place of a Marquiss that is not, and of an Earl that is of the Blood Royal.

A Marquisses eldest Son is called Lord of a place, and the younger Sons Lord Thomas, Lord John, &c.

A Marquisses eldest Son of the Blood Royal shall go be­fore an Earl that is not, and of a Vicount that is of the Blood Royal.

An Earls eldest Son is called Lord of a place, and all his Daughters Ladies, but his younger Sons not Lords.

[Page 436] An Earls eldest Son of the Blood Royal takes place of a Vicount that is not, and of a Lord that is of the Blood Royal.

A Vicounts eldest Son is no Lord, nor his Daughters La­dies, and therefore the eldest Son and the eldest Daughter of the first Vicount of England, is said to be the first Gentleman and Gentlewoman without Ti­tle in England.

A Vicounts eldest Son of the Blood Royal takes place of all Barons.

The Princes of the Blood, the Great Officers of the Realm, and the Bishops are to precede, according to an Act of Parliament, 31 H. 8.

The Lord Chancellour, Lord Treasurer, Lord President of [Page 437] the Kings Council, Lord Privy Seal: These being Barons or a­bove, shall in Parliament sit a­bove all Dukes, except the Son, Brother, Grand-Child, or Nephew of the King.

The Lord High Steward of England is not here named, be­cause it was intended that he should not continue beyond the occasion for which he should be made.

Next hath place the Lord Great Chamberlain of Eng­land, then the Lord High Con­stable, the Earl Marshal, the Lord High Admiral, Lord Steward of the Kings Hou­shold, Lord Chamberlain of the Kings Houshold. These shall sit after the Lord Privy Seal, a­bove all of their Degree only. And if the Kings Principal Se­cretary [Page 438] be a Baron, he takes place of all Barons that are not of the Offices before mentio­ned; but if he be a Vicount or higher Degree, he shall take place only according to his De­gree. Also if the Kings Secre­tary be a Bishop, as antiently was usual, he takes place next to the Bishop of Winchester of all other Bishops that have none of the Offices aforesaid.

All Dukes, Marquisses, Earls, Vicounts, and Barons, not ha­ving any of the said Offices, shall take place according to the an­tiently of their Creation.

All Dukes eldest Sons have the Title of Earls, and the el­dest Son of an Earl, hath the Title of the Earls Barony, and sometimes of the Vicountry, according to the Patent.

JAMES Duke of York and Albany, Earl of Ulster, Lord High Admiral of Eng­land, the Kings only Brother.

Rupert Duke of Cumberland and Earl of Holderness.

Edgar Duke of Cambridge.

The Lord Chancellour or Lord Keeper of the Great Seal, the Lord Treasurer, and the [Page 440] Lord Privy Seal, take place be­fore all Dukes not of the Blood Royal.

• Thomas Howard Duke of Nor­folk.
• William Seymour Duke of So­merset.
• George Villars Duke of Buck­ingham.
• Charles Stuart Duke of Rich­mond.
• George Monk Duke of Albe­marle.
• James Scot Duke of Mon­mouth.
• William Cavendish Duke of Newcastle.

• John Pawlet Marquiss of Win­chester.
• [Page 441] Edward Somerset Marquiss of Worcester.
• Henry Pierrepont Marquiss of Dorchester.

• These three take place in re­spect of their Offices.
• Bertue Earl of Lind­say, Lord High Chamber­lain of England.
• James Butler Earl of Brecknock, Lord Steward of the Kings Houshold.
• Edward Montague Earl of Man­chester, Lord Chamberlain of the Kings Houshold.

• Awbrey de Vere Earl of Oxford.
• Algernon Percy Earl of Nor­thumberland.
• Francis Talbot Earl of Shrews­bury.
• [Page 442] Anthony Grey Earl of Kent.
• Charles Stanley Earl of Derby.
• John Mannours Earl of Rut­land.
• Theophilus Hastings Earl of Huntingdon.
• William Russel Earl of Bedford.
• Philip Herbert Earl of Pem­broke▪
• Theophilus Clinton Earl of Lin­coln.
• Charles Howard Earl of Not­tingham.
• James Howard Earl of Suffolk.
• Richard Sacvile Earl of Dorset.
• William Cecil Earl of Salisbury.
• John Cecil Earl of Exeter.
• John Edgerton Earl of Bridge­water.
• Robert Sydney Earl of Leicester.
• James Compton Earl of North­ampton.
• Charles Rich Earl of Warwick.
• [Page 443] William Cavendish Earl of De­vonshire.
• Basil Fielding Earl of Denbigh.
• George Digby Earl of Bristol.
• Lionel Cranfield Earl of Mid­dlesex.
• Henry Rich Earl of Holland.
• John Hollis Earl of Clare.
• Oliver St. John Earl of Bulling­broke.
• Mildmay Fane Earl of Westmor­land.
• Montague Earl of Man­chester.
• Thomas Howard Earl of Berk­shire.
• Thomas Wentworth Earl of Cleveland.
• Edward Sheffield Earl of Mul­grave.
• Thomas Savage Earl Rivers.
• Bertue Earl of Lindsay.
• Nicolas Knowles Earl of Banbury
• [Page 444] Henry Cary Earl of Dover.
• Henry Mordant Earl of Peter­borough.
• Henry Grey Earl of Stamford.
• Henage Finch Earl of Winchel­sey.
• Charles Dormer Earl of Caer­narvon.
• Montjoy Blunt Earl of Newport.
• Philip Stanhop Earl of Chester­field.
• John Tufton Earl of Thanet.
• William Wentworth Earl of Strafford.
• Robert Spenser Earl of Sunder­land.
• James Savil Earl of Sussex.
• George Goring Earl of Norwich.
• Nicholas Leak Earl of Scars­dale.
• John Willmot Earl of Rochester.
• Henry Jermin Earl of St. Albans.
• Edward Montague Earl of Sand­wich.
• [Page 445] James Butler Earl of Breck­nock.
• Edward Hyde Earl of Clarendon.
• Arthur Capel Earl of Essex.
• Thomas Brudnel Earl of Cardi­gan.
• Anthony Annesly Earl of An­glesey.
• John Greenvile Earl of Bath.
• Charles Howard Earl of Carlile.
• John Craven Earl of Craven.
• Thomas Bruce Earl of Alisbury.
• Richard Boyle Earl of Burling­ton.

• Leicester Devereux Vicount He­reford.
• Francis Brown Vicount Monta­gue.
• James Fiennes Vicount Say and Seale.
• [Page 446] Edward Conway Vicount Con­way.
• Baptist Noel Vicount Camden.
• William Howard Vicount Staf­ford.
• Thomas Bellasis Vicount Fal­conbridge.
• John Mordant Vicount Mor­dant.
• George Savil Vicount Halifax▪

• John Nevil Lord Abergavenny.
• James Touchet Lord Andley.
• Charles West Lord de la Warre.
• George Berkly Lord Berkly.
• Thomas Parker Lord Morly and Monteagle.
• Francis Lennard Lord Dacres.
• Conyers Darcy Lord Darcy and Menil.
• William Stourton Lord Stourton.
• [Page 447] William Lord Sandys de la Vine.
• Edward Vaux Lord Vaux.
• Thomas Windsor Lord Windsor.
• Thomas Wentworth Lord Went­worth.
• Wingfield Cromwel Lord Crom­well.
• George Evre Lord Evre.
• Philip Wharton Lord Wharton.
• Francis Willoughby Lord Wil­loughby of Parham.
• William Paget Lord Paget.
• Dudly North Lord North.
• William Bruges Lord Chandos.
• William Petre Lord Petre.
• Dutton Gerard Lord Gerard.
• Charles Stanhop Lord Stanhop.
• Henry Arundel Lord Arundel of Warder.
• Christopher Rooper Lord Ten­ham▪
• Fulk Grevil Lord Brooke.
• [Page 448] Edward Montague Lord Monta­gue of Boughton.
• Charles Lord Howard of Charl­ton.
• William Grey Lord Grey of Wark.
• John Robarts Lord Robarts.
• John Lovelace Lord Lovelace.
• John Pawlet Lord Pawlet.
• William Mainard Lord Mainard.
• Thomas Coventry Lord Coventry▪
• Edward Lord Howard of Escrick.
• Warwick Mohun Lord Mohun.
• William Butler Lord Butler.
• Percy Herbert Lord Powis.
• Edward Herbert Lord Herbert of Cherbury.
• Francis Seymour Lord Seymour.
• Francis Newport Lord Newport.
• Thomas Leigh Lord Leigh of Stonelty.
• Christopher Hatton Lord Hatton.
• Henry Hastings L. Loughborough.
• [Page 449] Richard Byron Lord Byron.
• Richard Vaughan Lord Vaughan
• Charles Smith Lord Carington.
• William Widrington Lord Wi­drington.
• Humble Ward Lord Ward.
• Thomas Lord Culpeper.
• Isaack Astley Lord Astley.
• Richard Boyle Lord Clifford.
• John Lucas Lord Lucas.
• John Bellasis Lord Bellasis.
• Lewis Watson Lord Rocking­ham.
• Charles Gerard Lord Gerard of Brandon.
• Robert Sutton Lord Sutton of Lexinton.
• Charles Kirkhoven Lord Wotton.
• Marmaduke Langdale, Lord Langdale.
• William Crofts Lord Crofts.
• John Berkley Lord Berkley.
• Denzil Hollis Lord Hollis.
• [Page 450] Frederick Cornwallis Lord Corn­wallis.
• George Booth Lord de la Mere.
• Horatio Townsend Lord Towns­end.
• Anthony Ashley Cooper Lord Ashley.
• John Crew Lord Crew, &c.
• Henry Bennet Lord Arlington.
• John Freschevile Lord Fressche­vile.
• Richard Arundel Lord Arunde [...] of Trerice.